ADM. REVIEW DOCKET NO.: EK430331RO
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.: EK430331RO
DISTRICT RENT
LOUIS DEVITO ADMINISTRATOR'S DOCKET
WEST 15TH STREET ASSOC. NO.: CH420070BT
(7M06926M)
PETITIONER
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ORDER AND OPINION GRANTING 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 360 W. 15th Street, N.Y.C. 10011.
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, CH420070BT was
issued on October 26, 1990. In that order, the Administrator
revoked the finding of 7M06926M issued September 30, 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.
On appeal, the owner assets, as it did below that it has
cleared a sufficient number of violations. The owner has submitted
as proof of its contention a Violation Status Report (VSR)
indicating that sufficient violations have been cleared at the
subject premises to gain the owner eligibility to raise MBRs at the
subject premises.
The Commissioner is of the opinion that this petition should
be granted.
ADM. REVIEW DOCKET NO.: EK430331RO
Pursuant to Section 2202.3(h) of the N.Y.C. Rent and Eviction
Regulations an owner in order to gain eligibility to raise MBRs at
a given premises for a given cycle must certify to the
Administrator that inter alia 80% of the non rent-impairing
violations outstanding against the subject premises have been
cleared.
An examination of the record reveals a list of Pending
Violations (LPV), said LPV indicating that there were no rent-
impairing and 7 non rent-impairing violations outstanding at the
subject premises. The owner thus had the duty to clear at least 6
(7 X 80% = 5.6) of those violations from the subject premises in
order to raise MBRs for 1986/87. The above mentioned VSR noted
that (1) one) of the violations had been cleared, and that (6) six
more were assigned the status "A", indicating that the inspector
was unable to gain access to the apartments. As a matter of DHCR
policy and procedure such denials of access are regarded as
clearance. The Commissioner further notes that (3) three of the
violations were, by their nature limited in their effect to the
occupant(s) of the apartment.
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, granted, and that the order of the Rent
Administrator be, and the same hereby is revoked. The owner is
hereby found eligible to raise 1986/87 MBRs at the subject
premises, said MBR increase retroactive to January 1, 1986. All
subsequent MBRs granted to the owner for the subject premises are
hereby modified accordingly. The tenants are hereby directed to
refund to the owner any rent thereby withheld from the owner,
either in a lump sum or in two payments accompanying the next two
monthly payments.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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