ADM. REVIEW DOCKET NO.: EE420281RO
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.: EE420281RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: DG420413BO
WYNDHAM REALTY BK425860BR
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 516 East 80th Street, New York, N.Y. 10028.
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 DG420413BO was issued
on April 20, 1990. In that order, the Administrator affirmed the
finding of BK425860BR issued June 22, 1989, that the owner be
denied 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 an MBR
increase.
On appeal, the owner contends, by his representatives 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.: EE420281RO
An examination of the record discloses that a list of Pending
Violations enumerated, inter alia 12 Rent Impairing and 67 non
rent-impairing Violations at the subject premises. Pursuant to
Section 2202.3(h) of the New York City Rent and Eviction
Regulations the owner was thus required to certify to the clearance
of all rent impairing Violations and 80% of the non-Rent impairing
Violations (67 X 80% = 53.6) in order to receive eligibility to
raise MBRs at the subject premises for 1988/89.
The Commissioner notes that the owner has not provided
sufficient evidence, neither on appeal nor below in support of
either of its contentions made on appeal. Specifically, the
Commissioner finds that the owner has not provided any evidence
proving that it had repaired the rent impairing Violation prior to
its submission of the VC to the Administrator or that the HPD
inspection clearance was delayed.
The Commissioner notes that the DHCR cannot be held
responsible for the actions of the HPD, which is an agency of the
City of New York.
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:
LULA M. ANDERSON
Deputy Commissioner
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