ADM. REVIEW DOCKET NOS.: FB220013RT, FB220161RT
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 NOS.:
FB220013RT, FB220161RT
PEGGY STERN DISTRICT RENT
ORLANDO BILOTTI ADMINISTRATOR'S DOCKET
NO.: DK220001BO
(BL223733BR)
PETITIONER
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The two above-named tenants filed timely petitions for
administrative review of an order issued concerning the housing
accommodations known as 38 Bay 26th Street, Apts. 2F & 1C,
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 petitions.
The issue before the Commissioner is whether the
Administrator's order was correct.
The Administrator's order being appealed, DK220001BO was
issued on January 4, 1991. In that order, the Administrator
revoked the finding of BL223733BR, 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 tenants individually allege the persistence of
violations at the subject premises. One of the tenants
additionally contends that she is a senior citizen and the MBR
increase is "very hard to pay."
Inasmuch as the two petitions have presented substantially
similar arguments (with the above-noted exception of the senior
citizens' issue) and both were filed as appeals of the identical
Administrator's order, the Commissioner in making this
determination has considered these petitions as one.
ADM. REVIEW DOCKET NOS.: FB220013RT, FB220161RT
The Commissioner is of the opinion that these petitions should
be denied.
Despite the tenants' contentions made on appeal, an
examination of the record reveals that the owner cleared a
sufficient number of violations from the subject premises so as to
gain eligibility to raise MBRs at the subject premises for 1988/89.
The Commissioner notes that the order of eligibility thus
upheld by the Commissioner on appeal herein directs the owner to
raise rents at the subject premises subject to the Senior Citizen
Rent Increase Exemption (SCRIE) Program. Subject to other
requirements, membership in SCRIE generally will exempt the tenant
from MBR rent increases. The tenant is thus advised to contact the
appropriate Agency of the City of New York to obtain information as
to enrollment in the SCRIE Program.
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, 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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