DHCR Decisions
ADM. REVIEW DOCKET NO.: FA420100RT
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.: FA420100RT
RENA ADAMS DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: DG420304BO
(BL427737BR)
PETITIONER
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ORDER AND OPINION GRANTING PETITION IN PART AND
DENYING PETITION IN PART
The above-named tenant filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 61 West 10th Street, Apt. 5E, 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, DG420304BO was
issued on December 7, 1990. In that order, the Administrator
revoked the finding of BL427737BR, 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.
On appeal the tenant alleges that numerous violations have not
been cleared by the owner. The tenant also questions whether the
Administrator's grant of eligibility is based on inspections of
both ##59 and 61 West 10th Street, or only of one of the named
premises.
The Commissioner is of the opinion that this petition should
be granted in part, and denied in part.
ADM. REVIEW DOCKET NO.: FA420100RT
The Commissioner notes that the owner was granted eligibility
in the proceeding under review herein based on the owner's
submission below of two inspection reports, the first report
indicating that 59 West 10th Street was inspected by the New York
City Department of Housing Preservation and Development (HPD) on
August 15, 1990 and the second report indicating that HPD inspected
59 West 10th Street on October 11 and 18, 1990. These reports
indicate that the owner had cleared a sufficient number of
violations from 59 West 10th Street in order to gain eligibility to
raise MBRs at those premises.
An examination of the record discloses that,instead of being
a "range address", 59 and 61 West 10th Street (the latter being the
residence of the subject tenant) are, in the eyes of the HPD and
this Agency two separate buildings. Despite this fact, manifested
by the fact that each building bears a separate Multiple Dwelling
Registration # the owner apparently sought to certify the two
buildings as one "range address." As proof of its eligibility for
MBR increase at both buildings, the owner submitted the above-
discussed reports of MBR inspections of one building. This
examination further discloses the existence of numerous violations
against 61 West 10th Street, and the fact that these violations,
unlike those outstanding against 59 West 10th Street, were not
cleared so as to gain the owner eligibility to raise MBRs at that
premises. The Commissioner notes that, throughout this proceeding
the subject premises has been referred to as "59-61 West 10th
Street" by all the parties to this proceeding.
The Commissioner is thus of the opinion that this petition
should be granted in part inasmuch as the owner has cleared the
requisite number of violations from 59 West 10th Street and denied
in part, inasmuch as the owner has failed to clear the requisite
number of vioaltions from 61 West 10th Street.
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 in part, and that the order of the Rent
Administrator be, and the same hereby is, revoked in part, to the
extent that the Commissioner is of the opinion that the owner has
failed to clear a sufficient number of violations from 61 West 10th
Street in order to gain for itself eligibility to raise MBRs at
that premises for 1988/89; and that this petition for
administrative review be, and the same hereby is, denied in part,
and that the order of the Rent Administrator be, and the same
hereby is, affirmed in part, to the extent that the Commissioner is
ADM. REVIEW DOCKET NO.: FA420100RT
of the opinion that the owner has proven its eligibility to raise
MBRs for 1988/89 at 59 West 10th Street.
This order is granted in part, the owner is directed to refund
any and all excess rents collected from the subject tenant pursuant
to DG420304BO to the tenant in a lump sum, within thirty (30) days
from the date of issuance of this order.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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