Docket No. FK220023RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FK220023RT
Sarah L. Evans ADMINISTRATOR'S DOCKET
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 715 St. Marks Avenue, Apt. 6M, Brooklyn,
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, EI220225BO was issued
on October 11, 1991. In that order, the Administrator revoked the
finding of DK221215BR, issued August 3, 1990, that the owner be
denied eligibility for a 1990/91 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. Relying on documentary evidence submitted by the owner
before the Administrator at Challenge, the Administrator found that
the owner had cleared a sufficient number of violations of record
at the subject premises in order to obtain for itself eligibility
for a 1990/91 MBR increase. This evidence included various
tenant's affidavits attesting to clearance of various violations
occurring in individual apartments, as well as the report of an
inspection conducted by the New York City Department of Housing
Preservation and Development (HPD) during August 1989, and a
Violation Status Report disclosing whether individual violations
has been cleared.
On appeal the tenant argues that the owner ".. has not cleared
Docket No. FK220023RT
any violations that I have observed."
The Commissioner is of the opinion that this petition should be
A List of Pending Violations discloses that, as of January 1,
1989 there were four rent-impairing and 109 non rent-impairing
violations outstanding against the subject premises. Therefore, in
order to gain eligibility to raise MBRs at the subject premises for
the 1990/91 cycle the owner in this proceeding was obligated to
certify to the clearance of ail fo the rent-impairing and at least
87 (80 X 109 =87.2) of the non rent-impairing violations.
Pursuant to Section 2202.3 (h) of the New York City 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 100% of the rent-impairing and 80% of the
non rent-impairing violations of record against the subject
premsies as of one year before the effective date is January 1,
On August 17, 1989, the HPD conducted an inspection of the
subject premises. This inspection revealed that the owner had
cleared a sufficient number of violations from the subject premises
in order to gain eligibility to raise MBRs at the subject premises
for the 1990/91 cycle.
The Commissioner notes that, in addition to violations actually
cleared by the owner, violations located in apartments to which the
HPD inspector has been denied access, as well as various tenant-
caused violations (i.e. illegal windows gates and/or door locks)
are additionally deemed as "cleared" by the Administrator.
The Commissioner notes that no other tenant has appealed the
Administrator's order granting eligibility to the owner.
This order is issued without prejudice to the tenant's right to
file a complaint of reduction(s) in service, if the circumstances
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.
Joseph A. D'Agosta