ADM. REVIEW DOCKET NO.: FE230324RO
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.: FE230324RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: EI220258BO
FRIEDA NOVICK (DJ221625BR)
PETITIONER
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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 391-93 Knickerbocker Avenue, various
apartments, New York, N.Y.
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, EI220258BO was
issued on May 3, 1991. In that order, the Administrator affirmed
the finding of DJ221625BR, issued August 8, 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. The Administrator's finding under review herein
additionally noted that a DHCR inspection of the subject premises
held on April 12, 1991 noted that the owner had failed to correct
the requisite number of violations which would allow her to gain
eligibility to raise MBRs at the subject premises for 1990/91.
On appeal, the owner claims that all violations have been
corrected, and requests a reinspection, and the identity of those
violations which remain outstanding.
The Commissioner is of the opinion that this petition should
be denied.
ADM. REVIEW DOCKET NO.: FE230324RO
Pursuant to Section 2202.3(h) of the New York City Rent and
Eviction Regulations to gain eligibility to raise MBRs at a given
premises an owner must certify to the Administrator that 80% of the
non rent impairing and 100% of the rent impairing violations of
record as of one year before the effective date of the order of
eligibility had been corrected by six months before the effective
date. In the instant proceeding the requisite number of violations
of record as of January 1, 1989 must have been corrected by July 1,
1989.
As stated by the Administrator in the order being appealed
herein, a DHCR inspection of the subject premises conducted on
April 12, 1989 revealed that the owner had not even by that late
date (15 1/2 months after the effective date) repaired a sufficient
number of violations.
An examination of the record reveals that the owner was aware
of which violations were outstanding, and that the owner, in
various filings before the Administrator below indicated which
violations were allegedly repaired.
A reinspection of the subject premises, even if conducted
immediately upon the filing of the instant petition in May, 1991,
would be irrelevant to the owner's attempt to gain eligibility.
As stated above, to gain eligibility to increase MBRs at the
subject premises for 1990/91 the owner would have to certify that
repairs had been made by July 1, 1989.
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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