ADM. REVIEW DOCKET NOS.: CB410249/51RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NOS.: CB410249/51RT
HAROLD B. LEBOSKY, MARTIN GALETT,
ANNA NEUFELD DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: 7MBC00349M (7M03505M)
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
AND MERGING PROCEEDINGS
The above-named tenants filed timely petitions for
administrative review of an order issued concerning the housing
accommodations known as 308 East 79th Street, Apts. 15B, 8A & 11B,
New York, N.Y.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant to
the issues raised by the petition.
The issue before the Commissioner is whether the
Administrator's order was correct.
The Administrator's order being appealed, 7MBVC00349M was
issued on December 2, 1987. In that order, the Administrator
revoked the finding of 7M03505M issued June 26, 1987, that the
owner be denied eligibility for a 1986/87 Maximum Base Rent (MBR)
increase, due to the owner's failure to meet the violation
certification requirements necessary to the owner's being granted
an MBR increase.
In their appeals, the tenants allege jointly and severally
that the Administrator was incorrect in finding that the owner had
corrected sufficient violations to be found eligible for an MBR
increase. The tenants allege that all defects weren't repaired,
and that the owner should thus not be eligible for an MBR increase
if there are outstanding violations at the subject premises. The
ADM. REVIEW DOCKET NOS.: CB410249/51RT
tenants additionally allege that since the owner had been denied a
1984/85 MBR, the owner should thus not now be allowed to raise
rents retroactively. Based upon this latter allegation, the
tenants claim that they are being overcharged.
The Commissioner is of the opinion that these petitions should
be denied, and that these proceedings should be merged.
An examination of the record reveals that a New York City
Department of Housing Preservation and Development inspection
disclosed that a sufficient number of the violations had been
repaired so as to justify the Administrator in revoking its former
finding. The relevant regulations state that 80% of Non Rent
Impairing and 100% of Rent Impairing violations previously reported
must be corrected in order to allow an owner to receive eligibility
to make MBR increases. It is thus entirely conceivable that the
MBRs of rent-controlled apartments in a building may be increased,
even if there are outstanding violations at that building.
A further examination of the record reveals that the owner may
have, in some cases, raised the rent on particular apartments in
excess of the 7.5% maximum increase allowed in 1 calendar year.
The Commissioner is of the opinion that this fact does not affect
the Administrator's order under consideration herein.
The Commissioner further notes that the tenants were provided
with notice of an opportunity to respond, in accordance with the
appropriate regulations at all stages of the proceedings and thus
were not denied due process.
The tenants are hereby advised to ask the D.H.C.R. for a rent
update if there is any question as to the actual legal rent for the
affected apartments. Once the legal rent has been established, the
tenant(s) may file a complaint of overcharge, if the facts so
warrant. Alternatively, the tenants may sue the owner for recovery
of excess rent paid, in a court of appropriate jurisdiction.
The Commissioner is of the opinion that, inasmuch as those
various appeals are of the identical Administrator's order and
differ only in minor detail, these proceedings should be merged.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, it is
ORDERED, that these petitions for administrative review be,
and the same hereby are, denied, and that the order of the Rent
ADM. REVIEW DOCKET NOS.: CB410249/51RT
Administrator be, and the same hereby is, affirmed. It is also
ordered that these petitions for administrative review be, and the
same hereby are, merged.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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