ADM. REVIEW DOCKET NO.: ED530168RO
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.: ED530168RO
RALPH LANGSAM ASSOCIATES, INC. DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: CI520105BT
(7M01081M)
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 220 Audubon Avenue, 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, CI520105BT was
issued on March 23, 1990. In that order, the Administrator revoked
the finding of 7M01081M, issued June 29, 1988, that the owner be
granted eligibility for a 1986/87 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. The
Administrator additionally found that the owner had failed to pay
the MBR Fee for the subject premises for 1986/87.
On appeal, the owner contends that it did clear the requisite
number of violations from the subject premises, and that proof of
its payment of the MBR fee would be obtained from the owner's bank.
The Commissioner is of the opinion that this petition should
be denied.
ADM. REVIEW DOCKET NO.: ED530168RO
An inspection of the subject premises conducted by the New
York City Department of Housing Preservation and Development on
December 11, 1989 disclosed that, even as of that late date (almost
two years after the conclusion of the 1986/87 cycle) the owner had
failed to clear the requisite number of violations from the subject
premises in order to gain eligibility.
The Commissioner notes that in the approximately three and
one-half years between the filing of the owner's petition and the
issue of the instant order, the owner has failed to serve on this
Agency any proof of its payment of the 1986/87 MBR Fee.
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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