ADM. REVIEW DOCKET NO.: EE430018RO
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.: EE430018RO
L.J.F. REALTY CORP.
C/O JEFF FARKAS DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: DL520003BO
(BK427508BR)
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 506 West 178th Street, 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, DL520003BO was
issued on March 30, 1990. In that order, the Administrator
affirmed the finding of BK427508BR issued December 1, 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, specifically, that the owner had not repaired all
rent impairing violations at the subject premises.
On appeal, the owner contends that various violations have
been repaired, among them all of the outstanding rent impairing
violations. The owner submits various items of evidence in support
of this contention.
The Commissioner is of the opinion that this petition should
be denied.
ADM. REVIEW DOCKET NO.: EE430018RO
Section 2202.3(h) of the New York City Rent and Eviction
Regulations establishes as a prerequisite for eligibility to raise
the MBRs of affected tenants the owner's certification that 100% of
the rent impairing violations of record as of one year before the
effective date of the order of eligibility must have been cleared
by not less than six months before the effective date. In the
instant proceeding in order to gain eligibility to raise 1988/89
MBRs on the affected tenants living at the subject premises the
owner would have had to certify that 100% of the rent impairing
violations of record as of January 1, 1987 had been cleared by July
1, 1987. The Commissioner notes that in the instant proceeding the
clearance of the last of the rent impairing violations took place,
according to the owner in late 1989. The Commissioner is thus of
the opinion that the Administrator was correct in finding that the
owner had failed to clear all the rent impairing violations on a
timely basis and in thus denying the owner eligibility to raise
MBRs for the period 1988/89.
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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