ADM. REVIEW DOCKET NO.: EC230332RO
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.: EC230332RO
383-17 ASSOCIATES C/O DISTRICT RENT
PARKOFF MANAGEMENT ADMINISTRATOR'S DOCKET
NO.: CG220018BT
(7M052023K)
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 383 East 17th Street, various apartments,
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, CG220018BT was
issued on March 9, 1990. In that order, the Administrator revoked
the finding of 7M05023K issued June 29, 1988, that the owner be
granted eligibility for a 1986/87 Maximum Base Rent (MBR) increase,
due to the owner's failure to meet the violation certification
requirements necessary to the owner's being granted an MBR
increase.
On appeal, the owner contends that the Administrator's
decision denying the owner eligibility is "arbitrary and
capricious" inasmuch as the Administrator did not inform the owner
which violations hadn't been cleared.
The Commissioner is of the opinion that this petition should
be denied.
ADM. REVIEW DOCKET NO.: EC230332RO
The proceeding under appeal herein was commenced when one of
the affected tenants challenged the Administrator's grant of
eligibility to the owner. Upon consideration of evidence submitted
by the tenant at Challenge the Administrator revoked the earlier
decision and denied the owner eligibility.
An examination of the record reveals that this evidence
consists of the report of an inspection of the subject premises
conducted on February 16, 1989 by the New York City Department of
Housing Preservation and Development (HPD). The Commissioner notes
that the owner had the duty to clear two violations from the
subject premises in order to gain eligibility to raise MBRs at the
subject premises for 1986/87. The MBR inspection disclosed that
only one of the violations was cleared.
The Commissioner is therefore of the opinion that the
Administrator was correct in finding that the owner had failed to
remove the requisite number of violations from the subject premises
and in thus denying the owner eligibility.
The Commissioner notes that in certifying to the Administrator
below to the clearance of violations at the subject premises the
owner was certifying to the clearance of specific violations
enumerated in the List of Pending Violations. The Commissioner is
thus of the opinion that the owner, in certifying to the clearance
of violations was aware of the identity of those violations.
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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