Docket No. CH430200RO
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 NO.: CH430200RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
214 East 90th Street Associates NO.: ZLCS000100OE
Premises: 214 E.90th St.,
various apts.,
New York, NY
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
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 presented for consideration is whether the
Administrator's order was correct.
The owner filed a petition for administrative review (PAR) of
the above-cited Administrator's Order. In that order the
Administrator found that the owner had "failed to meet the
requirements of the Sound Housing Law.", and thus denied the
owner's Application for Eviction of the tenants residing at the
above-cited premises.
On appeal, the owner contends that "The (Administrator's) order
fails to state with any particularity why the owner failed to meet
the requirements of the Sound Housing Law." The owner also states
that a FOIL request has gone unanswered.
The Commissioner is of the opinion that this petition should be
denied.
An examination of the record reveals a Stipulation of
Settlement (Index #5056/88) issued by the New York State Supreme
Court, New York County, and signed by the owner's attorney. In
that stipulation, the owner agreed that the D.H.C.R. would perform
a Sound Housing Audit of the subject premises, to determine if it
was a reasonable possibility that the owner could realize an annual
Docket No. CH430200RO
rate of return of 8 1/2% of the assessed value of the owner's
property. Pursuant to Section 2204.4(g) of the Rent and Eviction
Regulations, the Administrator cannot grant an application for a
certificate of eviction (in circumstances similar to those in the
instant proceeding), unless it is determined that there is no
reasonable possibility that the owner can realize a net return of
8 1/2% of the assessed valuation of the subject property. The
Sound Housing Audit was then performed, and found that there was a
reasonable possibility that the owner could realize an 8 1/2%
annual return. The Administrator then correctly denied the owner's
application for eviction.
The Commissioner is restricted to considering on appeal
allegations of errors of law or fact in the Administrator's order.
The owner's complaints concerning the FOIL request are thus beyond
the Commissioner's scope of review and cannot be considered.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be and the same hereby is, affirmed.
ISSUED:
Joseph A. D'Agosta
Acting Deputy Commissioner
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