Docket No. EB130347RO
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.: EB130397RO
Luis Nowillo ADMINISTRATOR'S DOCKET
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 41-29 52nd Street, Apartments 3R, 1R, 1L,
Woodside, 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 Administrator's order being appealed, DD120040BT was issued
on February 2, 1990. In that order, the Administrator revoked the
finding of CA120337BR, issued March 31, 1989, that the owner be
granted eligibility for a 1988/89 Maximum Base Rent (MBR) increase,
due to the owner's meeting the violation certification requirements
necessary to the owner's being granted an MBR increase. Upon the
issuance of the order granting eligibility, one of the tenants
residing at the subject premises filed a challenge to the
Administrator's order. Upon consideration of evidence submitted by
the tenant at challenge, such evidence consisting of an inspection
of the subject premises by the New York City Department of Housing
Preservation and Development on August 18, 1989, the Administrator
revoked the owner's eligibility.
On appeal the owner contends that he has cleared a sufficient
number of violations from the subject premises in order to gain
eligibility to raise MBRs at the subject premises. As proof he
submits letters from two tenants (one of whom is the tenant who
Docket No. EB130347RO
filed the challenge) attesting to the clearance of specific
violations from their respective apartments.
The Commissioner is of the opinion that this petition should be
Despite the evidence submitted by the owner on appeal, the
owner has still not cleared a sufficient number of violations to
gain for himself eligibility to raise MBRs at the subject premises
The Commissioner notes that the owner's duty to clear
violations is restricted to those violations of record as of
January 1, 1987 (one year before the effective date of the order of
eligibility). Therefore, evidence of clearance of violations,
which were first reported after January 1, 1987 is irrelevant to
the Commissioner's finding in the instant proceeding.
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.
Joseph A. D'Agosta