ADM. REVIEW DOCKET NO.: FF430200RO
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.: FF430200RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: EL420022BO(DJ422547BR)
WERPOR ASSOCIATES
C/O MANUEL WERPOR 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 1431 York 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, EL420022BO was
issued on May 3, 1991. In that order, the Administrator affirmed
the finding of DJ422547BR issued October 11, 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.
On appeal, the owner contends that he is trying to find out
how to comply with the Violation Certification requirements.
The Commissioner is of the opinion that this petition should
be denied.
The owner's assertion on appeal of ignorance of the meaning of
the Administrator's order is belied by submission to the
Administrator, after the issuance of the Administrator's order
being appealed herein and before his submission of the instant
ADM. REVIEW DOCKET NO.: FF430200RO
appeal to the Commissioner of documentation (in the form of a
letter from a Registered Architect) testifying to the owner's
repair of 80% of the non rent impairing violations outstanding
against the subject premises. The owner had previously submitted
to the Administrator, during the challenge phase of this
proceeding, Violation Status Reports (VSRs) issued by the New York
City Department of Housing Preservation and Development (HPD)
attesting to the repair of numerous violations.
Section 2202.3(h) of the New York City Rent and Eviction
Regulations requires the owner to certify, inter alia that 80% of
the non rent impairing violations of record as of one year before
the effective date of the order of eligibility at a particular
premises have been cleared, in order to allow the owner eligibility
to raise MBRs at that premises.
An examination of the record reveals that, as of one year
before the effective date of the order of eligibility (i.e. as of
January 1, 1989) there were 38 non rent impairing violations of
record at the subject premises. The owner was therefore required
to clear 31 of these violations (38 x 80% = 30.4) in order to gain
eligibility. An HPD inspection conducted on March 6, 1991 reveals
that only 29 of the violations had been repaired.
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
|