ADM. REVIEW DOCKET NO.: ED220014RT
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.: ED220014RT
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: DA220058BT
VICTOR B. SCHNEIDER (BL220182BR)
PETITIONER
------------------------------------X
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 8758 Bay Parkway, Apt. B9, 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.
A tenant residing at the subject premises filed with the
Administrator a Challenge to the order granting the owner
eligibility to raise Maximum Base Rents (MBRs) at the subject
premises for the 1988/89 cycle, said order issued on August 19,
1988 under the Docket #BL220182BR. Based on the tenant's
Challenge, the Administrator issued the order under review herein
on January 12, 1990 under Docket #DA220058BT, in which order the
Administrator affirmed the owner's eligibility. In that order the
Administrator determined that the owner had certified to the timely
clearance of a sufficient number of violations from the subject
premises.
On appeal the tenant reiterates the arguments he made at
Challenge, specifically that the existence of a rent reducing order
bars the owner from eligibility and that the owner has failed to
refund excess rent to the tenant.
The Commissioner is of the opinion that this petition should
be denied.
ADM. REVIEW DOCKET NO.: ED220014RT
The fact that a rent reducing order is outstanding against the
premises does not bar the owner of those premises from eligibility
to raise MBRs. Rather, it bars the owner from collecting MBR
increases until such time that an order restoring rent is issued,
at which time MBR increases are collectible on a prospective basis
only. The Commissioner notes that, on December 10, 1986 the
Administrator issued under Docket #KC002967S, an order finding
decreases in services at the subject premises and ordering that the
tenant's rent thus be reduced by $24.44 per month.
The Commissioner further notes that, as of the issue date of
the instant order, rent had not been restored at the subject
apartment.
The Commissioner notes that the balance of the tenant's appeal
concerns the tenant's attempts to collect the $24.44 monthly rent
decrease. The Commissioner advises the tenant that, in determining
eligibility to raise MBRs the Administrator does not make any
finding concerning the proper amount of the collectible rent at the
subject premises.
This order is issued without prejudice to the tenant's filing
an A-1 form with this Agency so as to ascertain the proper rental
amount for the subject premises.
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
|
