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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.: FE 420383 RT
BEATRICE BLECHER,
DISTRICT RENT ORDER
DOCKET NO.: DG 420173 RO
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 22, 1991 the above named petitioner-tenant timely refiled
a Petition for Administrative Review against an order issued on
November 2, 1990 by the Director of the Maximum Base Rent (MBR)
Unit, 92-31 Union Hall Street, Jamaica, New York concerning
housing accommodations known as 302 West 86th Street, New York,
New York.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the administrative appeal.
On June 22, 1989, the Director issued an order denying the
establishment of 1988-89 Maximum Base Rents based on a
determination that the owner had failed to meet the violation
criteria, (Docket No. BL 420058 BR).
Subsequent thereto, the owner filed a challenge (first level
administrative appeal) to the order denying MBR increases
alleging that it had met the violation certification
requirements. On November 2, 1990, the Director issued the order
appealed herein which revoked the June 22, 1989 order, based on a
determination that the owner had met the prescribed violation
certification requirements, and granted MBR increases for the
subject building effective January 1, 1988.
In this petition, the tenant contends, in substance, that the
owner is not entitled to 1988-89 MBR increases because it had not
removed the requisite violations.
The Commissioner is of the opinion that this petition should be
denied.
Procedures established under the Rent and Eviction Regulations
provide, among other things, that no rent increase may be
authorized under the Maximum Base Rent program commencing January
1, 1988 unless the owner has removed all of the rent impairing
violations (as defined in the multiple dwelling law, Section
302a) and at least 80% of all other (i.e., non-rent impairing)
FE 420383 RT
violations on record as of January 1, 1987, or six months prior
to the filing of the 1988-89 Violation Certification, whichever
is later. If the owner cannot certify before December 1, 1987
that the requisite number of violation have been cleared,
corrected or abated, the owner can certify that it agrees to
remove the requisite violations within 30 days of the filing of
such certification. In this proceeding, the owner filed its
Violation Certification on December 1, 1987 in which it agreed
and certified that it would clear, correct or abate the requisite
violations within 30 days.
The record shows that on January 1, 1987 there were five (5) rent
impairing violations (Item Nos. 140, 141, 142, 143, and 145) and
three (3) non-rent impairing violations (Item Nos. 139, 144 and
146) pending against the subject building. Therefore in order to
qualify for 1988-89 MBR increases, the owner was required to
correct all five (5) of the rent impairing violations and all
three (3) of the non-rent impairing violations.
With its violation certification the owner submitted a copy of a
report from the Division of Code Enforcement of the New York City
Office of Rent and Housing Maintenance which showed that the
three (3) non-rent impairing violations (Item Nos. 139, 144 and
146) had been deemed corrected as of June 16, 1987.
The owner further requested waiver of the five (5) rent impairing
violations (Items Nos. 140, 141, 142, 143 and 145) asserting, in
substance, that they were tenant induced, and submitted copies of
letters sent to the tenants regarding said violations and postal
receipts for same in support of its request. Said rent impairing
violations referred the removal of encumbrances such as bicycles,
household items and plants from the public hall and bulkhead
landing areas of the subject premises. The Director waived the
five rent imparing violations as tenant induced.
Based thereon, the Commissioner finds that the Director
correctly determined that all rent impairing violations and 80%
of all non-rent impairing violations had been cleared for MBR
purposes and that the owner was entitled to 1988-89 MBR
increases.
THEREFORE, in accordance with the Rent and Eviction Regulations,
it is
ORDERED, that this petition be, and the same hereby is, denied,
and that the Director's order be, and the same hereby is,
affirmed.
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ISSUED:
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ELLIOT SANDER
Deputy Commissioner
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