Docket No. FA430047RO
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.: FA430047RO
Kreisel Co., Inc. by DISTRICT RENT
Rosenberg & Estis, P.C. ADMINISTRATOR'S DOCKET
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 24-6 East 82nd Street, Apts. 4R, 4B, 4D,
New York, New York.
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, DG420483BO was issued
on November 30, 1990. In that order, the Administrator affirmed
the finding of BL428648BR issued June 22, 1989, that the owner be
denied eligibility for a 1988/89 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
specifically that the owner failed to certify that 80% of the non
rent impairing violations at the subject premises of record as of
January 1, 1987 (1 year before the effective date of the order of
eligibility) had been repaired by July 1, 1987 (six months before
the effective date), as required by section 2202.3(h) of the New
York City Rent and Eviction Regulations.
On appeal, the owner states that it "believes" that 80% of the
non rent impairing violations were corrected.
The Commissioner is of the opinion that this petition should be
Docket No. FA430047RO
The Administrator's affirmation of the denial of eligibility
was based on the results of an inspection of the subject premises
conducted on September 14, 1990 by the New York City Department of
Housing Preservation and Development (HPD). That inspection
disclosed that fewer than 80% of the non rent impairing violations
of record as of January 1, 1987 had been repaired (The HPD
inspection was conducted over three years after the July 1, 1987
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