ADM. REVIEW DOCKET NO.: EA120122RT
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.: EA120122RT
DISTRICT RENT
ADMINISTRATOR'S DOCKET
ALBERT A. CORIOU NO.: CK120011BT
BL123081BR
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 94-26 34th Road, Jackson Heights, N.Y.,
Apt. E-7.
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, CK120011BT was
issued on December 29, 1988. In that order, the Administrator
affirmed the finding of BL123081BR issued October 7, 1988, that the
owner be granted eligibility for a 1988/89 Maximum Base Rent (MBR).
On appeal, the tenant individually raise objections to the
Administrator's order. The tenant contends that various rent
reduction orders were outstanding against the subject premises as
of the effective date of the Administrator's order under review
herein, and that revocation of eligibility was justified by
existing violations.
The Commissioner is of the opinion that these petitions should
be denied.
ADM. REVIEW DOCKET NO.: EB120386RT
Despite the tenant's contentions made on appeal, an
examination of the record reveals that the owner cleared a
sufficient number of violations from the subject premises so as to
gain eligibility to raise MBRs at the subject premises for 1988/89
cycle.
The fact that there is a rent-reducing order outstanding
against the subject premises does not bar the owner of those
premises from eligibility to raise MBRs. The owner is however
barred from collecting the MBR increase pending the issuance of an
order of rent restoration, at which time the MBR increase becomes
collectible prospectively only if the rent-reducing order so
provides specific reference was made, in the Administrator's order,
to the limit on collectibility.
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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