ADM. REVIEW DOCKET NO.: FA420039RO
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.: FA420039RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
JILLANDREA NOS.: DG420021BT
REALTY ASSOCIATES (BK424867BR)
PETITIONER DH420031BO
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ORDER AND OPINION GRANTING 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 310 West 85th Street, New York, N.Y. 10014.
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, DH420031RO was
issued on June 9, 1989. In that order, the Administrator revoked
the finding of BK424867BR issued January 1, 1989, that the owner be
granted 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.
On appeal, the owner contends that the Administrator was in
error, specifically in its finding that the owner had not made
sufficient repairs to violations of record as of one year before
the effective date of the Administrator's order (in the instant
proceeding, the owner had to prove repair of violations on record
as of January 1, 1987).
The Commissioner is of the opinion that this appeal should be
granted.
ADM. REVIEW DOCKET NO.: FA420039RO
Pursuant to Section 2202.3(h) of the New York City Rent and
Eviction Regulations an owner, in order to gain eligibility for an
MBR increase at the subject premises must certify to the
Administrator that, as of six months prior to the effective date of
the order of eligibility 100% of the rent impairing and 80% of the
non rent impairing violations of record at the subject premises as
of one year before the effective date of the order must have been
repaired.
An examination of the record below reveals that an inspection
by the New York City Department of Housing Preservation and
Development of the subject premises disclosed that the owner had
made such timely repairs, in order to make it eligible for an MBR
increase at the subject premises.
This order is issued without prejudice to the tenant's right
to file a Complaint of a Reduction in services, if the facts so
warrant.
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 granted, and that the order of the Rent
Administrator be and the same hereby is revoked.
The owner in the instant proceeding is granted eligibility to
raise MBR rents at the subject premises subject to the Terms and
Conditions on the Attached Sheet.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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