ADM. REVIEW DOCKET NO.: EA420216RT
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.: EA420216RT
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: BL425949BR
STEVEN & DEBORAH SHAPIRO
PETITIONERS
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenants filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 340 West 57th Street, Apt. 3G, New York,
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, BL425949BR was
issued on November 3, 1989. In that order, the Administrator
granted the owner 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 tenants contend that the new Maximum
Collectible Rent (MCR) computed by the owner in its Notices of
Increase for MCR for 1988 and 1989 are in contradiction of
Administrator's orders ##BK420001BT and BK420725R.
The Commissioner is of the opinion that this petition should
be denied.
ADM. REVIEW DOCKET NO.: EA420216RT
In the order under appeal herein the Administrator ruled that
the owner was eligible to raise MBRs at the subject premises for
the 1988/89 cycle. The Commissioner is of the opinion that in the
above-mentioned order the Administrator did not make any additional
findings as to the correct amount of the MCR increase.
The Commissioner notes that the tenants state on appeal that
the MCR computed by the owner violates "the (orders issued by the
Administrator under) Docket Numbers BK420001BT (and) BK420725(R)".
An examination of the record discloses that BK420001BT was filed by
the tenants as a Challenge to an Administrator's order granting the
owner eligibility to raise MBRs at the subject premises for a
previous MBR cycle and that an Administrator's order denying the
tenant's Challenge (and thus affirming the Administrator's previous
grant of eligibility) was not issued until May 23, 1991-nearly one
and one half years after the filing date of the instant appeal.
This examination also discloses that BK420725R was issued by the
Administrator in a separate proceeding, and is currently under
appeal by the owner.
Inasmuch as BK420001BT was pending before the Administrator at
the date the instant appeal was filed, and BK420725R concerns a
separate proceeding the Commissioner is of the opinion that these
orders are irrelevant to the instant proceeding. An examination of
the record additionally reveals that the tenants have made these
contentions for the first time on appeal, despite the fact that the
Administrator's order # BK420725R, was issued nearly one year
before the tenants filed the instant Challenge.
The Commissioner further notes that the tenants on appeal do
not dispute the Administrator's finding that the owner has
satisfied those requirements necessary to it being granted
eligibility.
The tenant is advised to file a request for a Rent
Registration update, in order to determine the amount of the
monthly rent for the subject apartment.
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
ADM. REVIEW DOCKET NO.: EA420216RT
Administrator be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
