DHCR Decisions
Docket No. EB120320RO
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.: EB120320RO
DISTRICT RENT
NRK Management Corp. ADMINISTRATOR'S DOCKET
NO.: DG120186BO(BL127921BR)
PETITIONER
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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 69-40 Yellowstone Boulevard, Various
Apartments, Queens, New York.
The Commissioner has reviewed all the evidence in the record an
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, DG120186BO was issued
on January 26, 1990. In that order, the Administrator affirmed the
finding of BL127921BR, issued June 22, 1989, that the owner be
denied eligibility for a 1988/89 Maximum Base Rent (MBR) increase,
due to the owner's failure to meet the violation certification
requirements necessary to the owner's being granted an MBR increase
specifically, that there was a rent impairing violation at the
subject premises.
On appeal, the owner argues that it had already submitted
documentation to the Administrator in order to prove its compliance
with the Violation Certification (VC) requirements. The owner
concludes its argument by stating that the Administrator was thus
in error in finding that the owner has failed to meet VC
requirements.
The Commissioner is of the opinion that this petition should be
Docket No. EB120320RO
denied.
The applicable provisions of the New York City Administrative
Code State that, in order to receive eligibility to increase the
MBR on a particular premises, the owner must certify that all rent
impairing violations at the subject premises of record one year
before the effective date of the Administrator's order of
eligibility have been repaired by six months before the effective
date, at the latest. In the instant proceeding, all rent impairing
violations of record on January 1, 1987 had to have been repaired
as of June 1, 1987.
An examination of the file reveals that one rent impairing
violation (#185) was first reported to the New York City Department
of Housing Preservation and Development (HPD) on December 31, 1986.
An HPD inspection conducted on September 6, 1988 disclosed that
violation #185 had not been repaired by that date. The
Commissioner is thus of the opinion that, as a rent impairing
violation was of record as of January 1, 1987 and that the
violation had not been repaired by June 1, 1987, the Administrator
was correct in finding that the owner had not submitted sufficient
VC documentation, and that the owner's eligibility to raise the
1988/89 MBR at the subject premises 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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