ADM. REVIEW DOCKET NO.: EE420124RT
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.: EE420124RT
DISTRICT RENT
CHARLES SCARRATT ADMINISTRATOR'S DOCKET
NOS.: CL420049BT,
BL427027BR
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 520 Ninth Avenue, N.Y.C. 10018, Apt. 2.
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, CL420049BT was
issued on March 30, 1990. In that order, the Administrator
affirmed the finding of BL427027BR issued October 28, 1988, that
the owner be granted eligibility for a 1988/89 Maximum Base Rent
(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 service 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.: EE420124RT
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 increase becomes
collectible prospectively only.
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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