ADM. REVIEW DOCKET NO.: EI430092RT
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.: EI430092RT
DISTRICT RENT
VARIOUS TENANTS OF ADMINISTRATOR'S DOCKET
290 SIXTH AVENUE, N.Y.C. NOS.: BK421038BR
EF430011RK
PETITIONERS DF420022BT
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ORDER AND OPINION DENYING PETITION 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 Sixth Ave., New York, N.Y. 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, EF430011RK was
issued on August 22, 1990. In that order, the Administrator
revoked the finding of DF420022BT issued April 6, 1990, that the
owner be denied eligibility for a 1988/89 Maximum Base Rent (MBR)
increase.
On appeal, the tenants submit a letter indicating that the
owner had failed to remove required number of Violations on record,
one year prior to the effective date of the order in question. The
tenants contend that the Administrator was in error in granting the
owner eligibility.
The Commissioner is of the opinion that the petition should be
denied.
Despite the tenants' contentions made on appeal, an
examination of the record, and H.P.D. Inspection Report dated
December 3, 1987 reveal that the owner cleared a sufficient number
of Violations from the subject premises so as to gain eligibility
to raise MBRs at the subject premises for 1990/91.
ADM. REVIEW DOCKET NO.: EI430092RT
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, any six months before the effective date of the
order of eligibility 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.
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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