ADM. REVIEW DOCKET NOS.: EE420165RT, ET AL.
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
APPEALS OF DOCKET NOS.:
EE420165RT
EF420257RT
EF420071RT
VARIOUS TENANTS EG420516RT
PETITIONERS DISTRICT RENT
------------------------------------X ADMINISTRATOR'S
DOCKET NOS.:
BL422722BR
DG420353BO
7MI05898M
ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The above-named tenants filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 290 Riverside Drive, New York, N.Y. 10025.
The Commissioner has reviewed all the evidence in the record
and has careful 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 DG420353BO was issued
on April 27, 1990. In that order, the Administrator revoked the
finding of BL422722BR issued June 22, 1989, that the owner be
granted eligibility for a 1988/89 Maximum Base Rent (MBR) increase,
due to the owner's failure to meet the violation certification
requirements necessary to the owner's being granted and MBR
increase.
DG420353BO was an order issued upon the filing of a challenge
of the denial of eligibility, by the owner.
On appeal the tenants make various allegations contesting the
Administrator's grant of eligibility. The tenants first contend
that the owner was denied eligibility to raise MBRs at the subject
premises for the 1986/87 cycle.
ADM. REVIEW DOCKET NOS.: EE420165RT, ET AL.
The tenants also contend that they were thus denied the
opportunity to learn the facts and thus determine the basis for and
the merits of this (order denying the owner eligibility). They
additionally contend that the owner has a history of failure to
correct violations timely, of MBRs and MCRs for apt. 8-B from 1986
to present; and request recalculation of the MBRs and object to the
effective date of the eligibility order.
The Commissioner is of the opinion that these petitions should
be merged and denied.
Challenges to MBR orders of eligibility, whether by owners or
tenants are ex parte. The Administrator in not serving the tenants
with the order of denial, did not violate any statute,
administrative regulation or established agency procedure.
As to the owner's alleged failure to clear violations timely
from the subject premises:
Pursuant to Section 2202.3(h) of the N.Y.C. Rent and Eviction
Regulations an owner, in order to receive eligibility to raise MBRs
at a given premises for a given cycle must certify to the
Administrator that 100% of the rent-impairing and 80% of the non-
rent impairing violations of record against the subject premises as
of one year before the effective date have been cleared.
In granting an owner eligibility to raise MBRs at a given
premises, the Administrator makes various findings. Among these
findings are, that the owner has certified to the repair of a
minimum number of violations, that the operations and maintenance
expenses claimed by the owner are not excessive, and that the owner
is maintaining essential services at the subject premises.
One finding the Administrator does not make in granting
eligibility is the dollar amount of the rent to be charged the
subject tenants.
The Commissioner is of the opinion that merger of these PARs
was warranted since they involve the same premises and related
issues. The Commissioner is, therefore, of the opinion that this
petition should be merged and denied since the record does not
sustain the tenants' allegations.
This order is issued without prejudice to the tenants' filing
complaint(s) of reductions in service, and/or update rent
calculation form (A-1) for MBRs, if the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, it is
ADM. REVIEW DOCKET NOS.: EE420165RT, ET AL.
ORDERED, that these petitions for Administrative Review be,
and the same hereby are, 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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