DHCR Decisions
ADM. REVIEW DOCKET NO.: EA520021RT
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.: EA520021RT
EDWARD POLLOCK DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: CI520123BT
(BL522172BR)
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 165 Seaman Avenue, Apt. 2J, 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, CI520123BT was
issued on December 8, 1989. In that order, the Administrator
affirmed the finding of BL522172BR, issued June 17, 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 tenant contends that the Administrator was in
error in granting eligibility, due to the fact that an order
finding a decrease in services at the subject premises and thus
directing a rent reduction was outstanding as of the effective date
of the Administrator's order being appealed herein.
The Commissioner is of the opinion that this petition should
be denied.
ADM. REVIEW DOCKET NO.: EA520021RT
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 increases become
collectible prospectively only.
The Commissioner notes that, as of the issue date of the
instant order the owner of the subject premises had not yet
received an order of rent restoration.
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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