ADM. REVIEW DOCKET NO.: DK220366RT
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.: DK220366RT
DISTRICT RENT
ADMINISTRATOR'S DOCKET
JONATHAN WELD NO.: CK220023BT
(BK223013BR)
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 395 Henry Street, Apt. 5N, Brooklyn, 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.
A tenant residing at the subject premises filed with the
Administrator a Challenge to the order granting the owner
eligibility to raise Maximum Base Rents (MBRs) at the subject
premises for the 1988/89 cycle, said order issued on August 19,
1988 under the Docket # BK223013BR. Based on the tenant's
Challenge, the Administrator issued the order under review herein
on October 13, 1989, under Docket #CK220023BT, in which order the
Administrator affirmed the owner's eligibility. In that order the
Administrator determined that the owner had certified to the timely
clearance of a sufficient number of violations from the subject
premises.
On appeal the tenant reiterates his argument made originally
at Challenge, namely that he was being overcharged.
The Commissioner is of the opinion that this petition should
be denied.
ADM. REVIEW DOCKET NO.: DK220366RT
In granting an owner eligibility to raise MBRs at a given
premises for a given cycle, the Administrator does not make a
determination as to the amount of the collectible rent.
This order is issued without prejudice to the tenant's right
to submit to this Agency an A-1 form, in order to ascertain the
proper and updated rent. For further information the tenant can
call (718) 739-6400.
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
Deputy Commissioner
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