ADM. REVIEW DOCKET NO.: FJ530202RO

                                 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.: FJ530202RO

                                                  DISTRICT RENT
                                                  ADMINISTRATOR'S DOCKET
             WEINREB MANAGEMENT                   NO.: EH520181BO
                                                       (DK420201BR)
                                   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 110 West 96th Street, 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, EH520181BO was 
          issued on September 13,1991. In that order, the Administrator 
          affirmed the finding of DK420201BR issued August 3, 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 argues that all violations at the subject 
          premises were removed.  As evidence, the owner submits an affidavit 
          signed by the building superintendent, in which the affiant states 
          that all violations were removed and all non rent-impairing 
          violations at the subject premises had been removed "prior to June 
          1, 1989".

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















          ADM. REVIEW DOCKET NO.: FJ530202RO

               Pursuant to Section 2202.3(h) of the New York City Rent and 
          Eviction Regulations an owner, in order to gain eligibility to 
          raise MBRs at a given premises for a given Cycle, must certify to 
          the Administrator that 100% of all rent-impairing and 80% of all 
          non rent-impairing violations of record against the subject 
          premises as of one year before the effective date of the order of 
          eligibility have been removed by six months before the effective 
          date.  In the instant proceeding, the effective date was January 1, 
          1990. Thus, one year before the effective date was January 1, 1989, 
          and six months before the effective date was July 1, 1989.

               A List of Pending Violations (LPV) discloses that, as of 
          January 1, 1989 there were 12 non rent-impairing and one rent- 
          impairing violation of record against the subject premises.  In 
          order to gain eligibility to raise MBRs at the subject premises for 
          the 1990/91 Cycle the owner was therefore obliged to certify to the 
          Administrator that the one rent-impairing violation and at least 
          ten (12 X 80% = 9.6) non rent-impairing violations had been 
          removed.

               As stated above, the owner on appeal asserts that all 
          violations were removed and, more specifically, all non rent- 
          impairing violations were removed in a timely manner.  The 
          Commissioner notes, however, that the owner has submitted no 
          evidence supporting this assertion beyond the affidavit of its 
          employee, the building superintendent.

               On May 13, 1991 the subject premises were inspected by the New 
          York City Department of Housing Preservation and Development (HPD).  
          One page of the report of the HPD inspection was located in the 
          file.  This page discloses that the HPD inspectors found that the 
          one rent-impairing violation was still outstanding as of May 13, 
          1991, as were at least four of the non rent-impairing violations 
          previously disclosed by the LPV.  The Commissioner is therefore of 
          the opinion that the owner has not removed a sufficient number of 
          violations from the subject premises and that the Administrator was 
          therefore correct in denying the owner eligibility to raise MBRs at 
          the subject premises for 1990/91.

               The Commissioner notes that the owner's argument on appeal 
          (that all non rent-impairing violations had been removed prior to 
          June 1, 1989) was made by the owner for the first time on appeal.

               THEREFORE, in accordance with the provisions of the Rent and 
          Eviction Regulations, it is






               ORDERED, that this petition for administrative review be, and 






          ADM. REVIEW DOCKET NO.: FJ530202RO

          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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