ADM. REVIEW DOCKET NO.: FH420281RT
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.: FH420281RT
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NOS.: DG420403BO
ROBERT G. SHELLER BK423206BR
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 210 East 68th Street, New York City 10021,
#6-G.
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, DG420403BO was
issued on May 31,1991. In that order, the Administrator revoked
the finding of BK423206BR 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 contends that, he has been advised by
other tenants in the building that various violations have not been
eliminated in order for the owner to receive a grant for the
1988/89 MBR cycle.
The landlord submits that the PAR filed by the tenant, Mr.
Shiller, Apt. 6-G is time barred. He claims the issue date of the
order is May 31, 1991, not July 26, 1991 and July 29, 1991 as
written by the tenant as the issue date in the tenant's PAR.
ADM. REVIEW DOCKET NO.: FH420281RT
Landlord also claims that the PAR was not timely, and the tenant's
complaint is unsubstantiated, hearsay, and without basis for how
such Violations would affect his tenancy, even if they were true.
The Commissioner is of the opinion that this petition should
be denied.
Despite the tenant's 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.
Pursuant to Section 2202.3(h) of the New York City Rent and
Eviction Regulations an owner, in order to receive eligibility to
raise MBRs at a given premises for a given cycle must certify to
the Administrator that, by six months before the effective date of
the order of eligibility 100% of the rent-impairing and 80% of the
non rent-impairing violations of record against the subject
premises as of one year before the effective date have been
cleared.
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:
LULA M. ANDERSON
Deputy Commissioner
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