Docket No. DL120065RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DL120065RT
Theo C. Boardman ADMINISTRATOR'S DOCKET
ORDER AND OPINION TERMINATING PROCEEDING
The above-named tenant filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 90 Greenwich Avenue, New York.
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 Administrators order being appealed, CF420012BR was issued
on October 17, 1989. In that order, the Administrator granted
eligibility for a 1988/89 Maximum Base Rent (MBR) increase.
On appeal the tenant contends that the amount of the MBR
increase is incorrect.
The Commissioner is of the opinion that this proceeding should
In granting an owner eligibility to raise MBRs at a given
premises, the Administrator makes various findings. Among these
findings are, that the owner has certified to the repair of a
minimum number of violations, that the operations and maintenance
expenses claimed by the owner are not excessive, and that the owner
is maintaining essential services at the subject premises.
One finding the Administrator does not make in granting
eligibility is the dollar amount of the rent to be charged the
Docket No. DL120065RT
An examination of the record reveals that the sole issue raised
by the tenant on appeal, and elaborated upon by the tenant in
subsequent submissions to the Administrator, is the allegedly
excessive amount of the MBR Increase.
The Commissioner is therefore of the opinion that this
proceeding should be terminated, inasmuch as the tenant has failed
to substantively appeal any of the Administrator's findings made in
its granting the owner eligibility.
The tenant is advised to file a Request for a Rent
Registration update, in order to determine the amount of the
monthly rent for the subject apartment.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, it is
ORDERED, that this proceeding be, and the same hereby is,
terminated, and that the order of the Rent Administrator be, and
the same hereby is, affirmed.
Joseph A. D'Agosta