ADM. REVIEW DOCKET NO.: FA420225RT
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.: FA420225RT
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: CI420001BO
THOMAS J. YAGER (7M11787M)
PETITIONER
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ORDER AND OPINION TERMINATING PROCEEDING
The above-named tenant filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 51 West 87th Street, Apt. 7, 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, CI420001BO was
issued on December 21, 1990. In that order, the Administrator
revoked the finding of 7M11787M, issued August 12, 1988, that the
owner be denied eligibility for a 1986/87 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. Order #7M11787M had revoked a previous order of
eligibility issued by the Administrator on June 1, 1987. Under
docket # CI420001BO the Administrator determined that, contrary to
its finding under 7M11787M the owner had submitted sufficient
evidence that it had cleared violations from the subject premises.
The Administrator thus granted the owner eligibility to raise
1986/87 MBRs at the subject premises and reinstated the July 1,
1987 order.
On appeal the tenant contends that the amount of the MBR
increase is incorrect.
ADM. REVIEW DOCKET NO.: FA420225RT
The Commissioner is of the opinion that this proceeding should
be terminated.
In granting an owner eligibility to raise MBRs at a given
premises, the Administrator makes various findings. Among these
findings are, that the owner has certified to the repair of a
minimum number of violations, that the operations and maintenance
expenses claimed by the owner are not excessive, and that the owner
is maintaining essential services at the subject premises.
One finding the Administrator does not make in granting
eligibility is the dollar amount of the rent to be charged the
subject tenant.
An examination of the record reveals that the sole issue
raised by the tenant on appeal, and elaborated upon by the tenant
in subsequent submissions to the Administrator, is the allegedly
excessive amount of the MBR increase.
The Commissioner is therefore of the opinion that this
proceeding should be terminated, inasmuch as the tenant has failed
to substantively appeal any of the Administrator's findings made in
its granting the owner eligibility.
The tenant is advised to file a Request for a Rent
Registration update, in order to determine the amount of the
monthly rent for the subject apartment.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, it is
ORDERED, that this proceeding be, and the same hereby is,
terminated, 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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