ADM. REVIEW DOCKET NO.: FA220156RT
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.: FA220156RT
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: DG220597BO
INEZ TOMLINSON (BK222914BR)
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 1299 Eastern Parkway, Apt. 8C, Brooklyn,
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, DG220597BO was
issued on December 7, 1990. In that order, the Administrator
revoked the finding of BK222914BR, 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. Upon the issuance of BK222914BR, the owner of the
subject premises filed a Challenge to that order under Docket
#DG220597BO. Among the evidence of violation clearance submitted
by the owner at Challenge was a letter dated July 22, 1989 and
signed by the tenant, in which letter the tenant attested to the
repair of all violations located in the subject apartment.
On appeal, the tenant states (in toto) "Work in my apartment
was not done until after I went to court on the 21st of May 1990."
ADM. REVIEW DOCKET NO.: FA220156RT
The Commissioner is of the opinion that this petition should
be denied.
As noted above, the tenant has made two claims concerning
repairs to her apartment. On July 22, 1989 she stated that as of
that date violations located in her apartment had already been
cleared and on January 9, 1991 (the filing date of the instant
appeal) the same tenant states that work in her apartment was not
done until almost one year later. Of the two statements, the
tenant's statement made on appeal is the more ambiguous. Besides
the reference to May 21, 1990, there is no other indication as to
the nature of the tenant's alleged appearance in court on that
date. The Commissioner thus feels that the tenant on appeal may be
referring to different violations (or decreases in service) that
arose in her apartment after the clearance of the violations
referred to above.
The Commissioner is therefore of the opinion that, inasmuch as
the only evidence the tenant presents in support of her contention
that repairs have not been made is her vague and ambiguous
statement made on appeal, said statement being in direct
contradiction of an earlier statement made by the identical tenant,
that the tenant has failed to prove that the owner failed to clear
the violations at the subject premises.
The Commissioner notes that of the 95 non rent-impairing
violations of record at the subject premises, only one was located
in the subject apartment. As the owner had a duty to clear 76 (95
X 80% = 76) of those violations, the mere fact that one violation
was not cleared does not necessarily entail the revocation of the
owner's eligibility. Thus, the Commissioner is of the opinion
that, at the most, the evidence submitted by the tenant on appeal
does not necessarily prove that the owner failed to make the
minimum number of repairs in order to gain eligibility to raise
MBRs at the subject premises for 1988/89.
This order is issued without prejudice to the tenant's right
to file a complaint of decreased services, if the circumstances so
warrant.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, it is
ADM. REVIEW DOCKET NO.: FA220156RT
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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