DOCKET NO.:  EE630179RO
                            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






     --------------------------------------X
     IN THE MATTER OF THE ADMINISTRATIVE   :   ADMINISTRATIVE REVIEW
     APPEAL OF                                 DOCKET NO. EE630179RO
                                               DISTRICT ADMINISTRATOR'S
          BOSMOR REALTY CORP.                  DOCKET NO. DC620027BT
                                           :             (BL623459BR)
                            PETITIONER         
     --------------------------------------X

          
         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 1133 
     Boston Road, various tenants, Bronx, NY.

     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 Adminis 
     trator 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 issue on December 15, 1988 under the Docket # 
     BL623459BR.  Based on the tenant's Challenge, the Administrator issued 
     the order under review herein on April 16, 1990, under Docket 
     #DL620027BT, in which order the Administrator revoked the owner's 
     eligibility.  In that order the Administrator determined that the owner 
     had failed to certify to the timely clearance of a sufficient number 
     of violations from the subject premises.

     On appeal the owner contends that he has cleared violations.  As proof 
     of this contention the owner submits on appeal two work orders signed 
     by the tenants of two different apartments located at the subject 
     premises, each work order attesting to the clearance of specific 
     violations at each of the two respective apartments.  The work orders 
     are dated November 10, 1985 and September 15, 1986.



     On August 2 and August 15, 1989, the New York City Department of 
     Housing Preservation and Development conducted an inspection of the 
     subject premises.  This inspection revealed that the owner had failed 







         DOCKET NO.:  EE630179RO


     to clear a sufficient number of violations from the subject premises 
     in order to gain eligibility to raise MBRs at the subject premises for 
     the 1988/89 cycle.  Among the uncleared violations were the violations 
     described in the above-mentioned work orders.

     The Commissioner is of the opinion that violations which were certified 
     as "cleared" in 1985 and 1986 and were found to be outstanding in 1989 
     may have reoccurred or may have been repaired in an unworkmanlike 
     manner.

     The Commissioner notes that the above-described uncleared violations 
     were rent-impairing.  As such, the owner was under a duty to clear 
     them, notwithstanding his duty to clear other, non rent-impairing 
     violations.

     Inasmuch as the Administrator under Docket #DC620027BT denied the owner 
     eligibility because of the owner's failure to certify to the clearance 
     of a sufficient number of violations from the subject premises, and 
     that the owner on appeal has failed to prove such clearance, the 
     Commissioner is of the opinion that the Administrator acted properly 
     in the proceeding above, and that this petition should be denied.

     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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