DHCR Decisions
ADM. REVIEW DOCKET NO.: EA420058RT
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.: EA420058RT
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: CH420028BT(BL426040BR)
CHARLES H. KELLY PREMISES: 321 West 11th
Street, Apt. 1RE, New York,
N.Y.
PETITIONER
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ORDER AND OPINION TERMINATING PROCEEDING
On January 16, 1990, the above-named tenant filed a Petition
for Administrative Review (PAR) against an order issued on December
29, 1989 by the Rent Administrator of the Rent Office located at
Gertz Plaza, Jamaica, N.Y.
On appeal the tenant states: "Attached are court papers. The
owner has not cured court order but has reduced (sic) rent $8.00."
The tenant attaches various documentation to his appeal.
The Commissioner is of the opinion that this proceeding should
be terminated.
The tenant on appeal has not stated an objection to the
Administrator's order being appealed herein, CH420028BT. In that
order the Administrator granted the owner eligibility to raise MBRs
at the subject premises for the 1988/89 cycle.
An examination of the record discloses that the proceeding
under docket #CH420028BT was initiated by the tenant's Challenge to
Administrator's order #BL426040BR, said order granting the owner
eligibility. The Commissioner notes that, at Challenge the
tenant's only objection to the grant of eligibility was the room
count of his apartment. In the order issued under CH420028BT, the
Administrator, in addition to affirming the owner's eligibility to
raise 1988/89 MBRs at the subject premises enclosed a form for the
tenant to fill out relative to the room count issue.
ADM. REVIEW DOCKET NO.: EA420058RT
The documents submitted by the tenant on review (the "court
papers") consist of an Order and Notice of Violation issued by New
York City Housing Court on July 1, 1987 along with a Civil Court
"Request for Inspection" form similarly dated, as well as a "Report
of New Violations" form dated June 17, 1987.
The Commissioner notes that, to obtain eligibility to raise
MBRs at the subject premises for 1988/89 the owner was only
responsible for the clearance of violations of record as of January
1, 1987 and not for any disclosed by later inspections. The
Commissioner is of the opinion that the Administrator was correct
in determining that the owner had cleared violations in a manner so
as to gain it eligibility.
THEREFORE, in accordance with the provisions of Chapter 403,
Laws of 1983, as amended, it is
ORDERED, that this Administrative Review proceeding be, and
the same hereby is, terminated.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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