DOCKET NO.:  FB230323RO
                             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





     --------------------------------------X
     IN THE MATTER OF THE ADMINISTRATIVE   :   ADMINISTRATIVE REVIEW
     APPEAL OF                                 DOCKET NO. FB230323RO
                                           :   DISTRICT ADMINISTRATOR'S
               ABDURRAB KHAN,                  DOCKET NO. DL220006BO
                                           :              (BL224154BR)
                            PETITIONER     
     --------------------------------------X

          
           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 236 
     Montgomery Street, Apts. 3C - F, Brooklyn, NY.

     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, DL220006BO was issued on January 
     25, 1991.  In that order, the Administrator affirmed the finding of 
     BL224154BR, issued November 10, 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 requirement necessary to the owner's 
     being granted an MBR increase, specifically the owner's failure to clear 
     all rent impairing violations of record at the subject premises.

     On appeal the owner contends that the violations have been repaired.  In 
     support of this contention the owner submits with the appeal copies of 
     cancelled checks allegedly representing payment to repairmen.  The owner 
     also submits on appeal letters from the occupants of various apartments, 
     testifying to repair of specific violations within their apartments.

     The Commissioner is of the opinion that this petition should be denied.

     Section 2202.3(h) states that, in order for an owner to gain eligibility 
     to raise MBRs at a certain premises that owner must certify to the DHCR 
     that all rent impairing violations at that premises of record as of one 
     year before the effective date of the order of eligibility have been 
     cleared as of six months before the effective date.  In the instant case, 
     the owner had to certify that all rent impairing violations of record as 
     of January 1, 1987 had been cleared as of July 1, 1987.










          DOCKET NO.:  FB230323RO

     An inspection, conducted by the New York City Department of Housing 
     Preservation and Development (HPD) on October 10, 1990 disclosed that a 
     rent impairing violation first reported on January 7, 1986 (HPD# 499, Apt. 
     4B) had not yet been repaired.  The owner included with his appeal a 
     letter from the occupants of Apt. 4B stating that violation# 449 had been 
     repaired.  The undated letter was stamped as received by the DHCR on 
     February 28, 1991, with the rest of the owner's appeal.

     The Commissioner is of the opinion that the interpretation of this letter 
     that would be most favorable to the owner would merely confirm that rent 
     impairing violation #449 had been repaired sometime between October 10, 
     1990 and February 28, 1991 - approximately three years after the January 
     1, 1988 effective date of the order of eligibility.  The Commissioner is 
     therefore of the opinion that the Administrator was correct in finding 
     that the owner had not cleared all rent impairing violations from the 
     subject premises, and that the owner should thus be denied eligibility to 
     raise MBRs at the subject premises.

     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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