ADM. REVIEW DOCKET NO.: EA230233RO
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.: EA230233RO
ABE NEW FOR DISTRICT RENT
CASOL REALTY ADMINISTRATOR'S DOCKET
NO.: DD220034BT
(CC220124BR)
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 3152 Brighton 6th Street, various
apartments, Brooklyn, N.Y.
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, DD220034BT was
issued on January 5, 1990. In that order, the Administrator
revoked the finding of CC220124BR, issued October 1, 1988, 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.
On appeal the owner contends that he has cleared the
violations. The owner also states that "...more information will
follow at a later date."
The Commissioner is of the opinion that this petition should
be denied.
ADM. REVIEW DOCKET NO.: EA230233RO
As noted by a July 21, 1988 inspection of the subject premises
carried out by the New York City Department of Housing Preservation
and Development (HPD), the owner had not cleared a sufficient
number of violations from the subject premises in order to gain
eligibility to raise MBRs at the subject premises for 1988/89.
The Commissioner notes that more than three and one-half years
have elapsed between the filing date of the petition and the issue
date of this order. The Commissioner is therefore of the opinion
that a sufficient amount of time has elapsed to enable the owner to
submit supplemental information to the Commissioner.
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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