ADM. REVIEW DOCKET NO.: FH430297RT
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.: FH430297RT
VARIOUS TENANTS BY
HIMMELSTEIN & McCONNELL BY
ROCHELLE K. BENJAMIN, ESQ. DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: EI420183BO
(DK422321BR)
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenants by their attorney filed a timely
petition for administrative review of an order issued concerning
the housing accommodations known as 755 West End Avenue, various
apartments, 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, EI420183BO was
issued on July 26, 1991. In that order, the Administrator revoked
the finding of DK422321BT, issued August 3, 1990, that the owner be
denied eligibility for a 1990/91 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 contend that the Administrator was in
error in granting the owner eligibility, inasmuch as the owner
failed to clear a rent-impairing violation from the subject
premises on a timely basis.
The Commissioner is of the opinion that this petition should
be granted.
ADM. REVIEW DOCKET NO.: FH430297RT
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.
In the instant proceeding the effective date of the
Administrator's order is January 1, 1990. Therefore, six months
before the effective date (the "deadline" for violation clearances)
is July 1, 1989 and one year before the effective date is January
1, 1989.
A List of Pending violations (LPV) discloses that, as of
January 1, 1989 there were (3) three rent-impairing and 17 non
rent-impairing violations outstanding against the subject premises.
Therefore, in order to gain eligibility to raise MBRs at the
subject premises for the 1990/91 cycle the owner in this proceeding
was obligated to certify to the clearance of all of the rent-
impairing and at least 14 (80% x 17 = 13.6) of the non rent-
impairing violations.
On September 28 and October 5, 1989, the New York City
Department of Housing Preservation and Development (HPD) conducted
an inspection of the subject premises. These inspections, as well
as a later HPD inspection conducted on May 9, 1991 revealed that
the owner had failed to clear a sufficient number of violations
from the subject premises in order to gain eligibility to raise
MBRs at the subject premises for the 1990/91 cycle, specifically,
that the owner had failed to clear one rent-impairing violation
from the subject premises.
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 Commissioner finds that as a result of this order the
ADM. REVIEW DOCKET NO.: FH430297RT
subject owner should refund to the subject tenants all rents
collected in excess of the maximum rent within thirty days from the
date this order shall become final.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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