ADM. REVIEW DOCKET NO.: EF430037RO
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.: EF430037RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
MARK GREENBERG NOS.: 7M05803M
REAL ESTATE CO., INC. CH420050BT
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 95 Perry Street, N.Y.C. 10014.
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, CH420050BT was
issued on March 30, 1990. In that order, the Administrator revoked
the finding of 7M05803M issued June 29, 1988, that the owner be
denied eligibility for a 1986/87 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.
CH420050BT was an order issued upon the filing of a challenge
to the grant of eligibility, by one of the affected tenants at the
subject premises.
On appeal, the owner alleges that a sufficient number of
violations of record at the subject premises was cleared and that
he is presently researching the violations with the aid of the
building manager. The owner also contends that he has sent
correspondence to the current owner, requesting if they have in
their possession any records of pending MBR violations.
ADM. REVIEW DOCKET NO.: EF430037RO
The Commissioner is of the opinion that this petition should
be denied.
Section 2202.3(h) of the N.Y.C. Rent & Eviction Regulations
provides that, in order to gain eligibility to increase MBRs at a
particular premises the owner must certify to the DHCR that 80%of
the non-rent impairing (and 100% of the Rent impairing) violations
of record at that particular premises one year before the effective
date of the order of eligibility have been repaired by six months
before the effective date. In the instant proceeding, the owner
had to certify that 80% of the non rent impairing violations of
record at the subject premises as of January 1, 1985 had been
repaired by July 1, 1985.
The statutorily-imposed requirements that owners "certify" to
the removal of violations at a given premises is more than a
formality that can be satisfied by the mere filing of papers.
Rather, the Commissioner is of the opinion that the certification
of the removal of violations from a given premises consists of the
owner's actually clearing those violations and submitting
certification to the Administrator attesting to same.
An examination of the file reveals that the owner in the
instant proceeding has, per its contentions on appeal timely filed
violation certification with the Administrator. As noted above,
however, the owner has not actually cleared the requisite number of
violations from the subject premises, and as also noted above such
clearance is required.
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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