ADM. REVIEW DOCKET NO.: FH630273RO
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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FH630273RO
J.J.A. HOLDING CORP.
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: EH620030BO
(DJ622427BR)
PETITIONER
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 2901 Grand Concourse, apts. 1C, 3A, 3D, 3E,
Bronx, N.Y.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant to
the issue raised by the petition.
The issue before the Commissioner is whether the
Administrator's order was correct.
The Administrator's order being appealed, EH620030BO was
issued on August 23, 1991. In that order, the Administrator
affirmed the finding of DJ622427BR 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, as well as at challenge below, the owner contends
that a sufficient number of violations have been removed in order
to gain the owner eligibility to raise MBRs. As alleged proof of
this contention the owner submitted at Challenge and resubmits on
appeal a notarized affidavit from the superintendent of the subject
premises in which the superintendent testifies to the repair of
various violations noted in the List of Pending Violations (LPV).
The owner also resubmits on appeal copies of letters to various
ADM. REVIEW DOCKET NO.: FH630273RO
tenants, informing them that they must remove obstructing bars or
unlawful gates from their windows to the fire escapes, pending the
installation of approved type gates. These letters were apparently
sent pursuant to violations noted in the LPV.
The Commissioner is of the opinion that this petition should
be denied.
Section 2202.3(h) of the New York City Rent and Eviction
Regulations states that, in order to obtain eligibility to raise
MBRs at a given premises the owner of that premises must, inter
alia certify to the Administrator that 80% of the non rent-
impairing violations of record against the premises have been
removed.
The LPV discloses that there were 39 non rent-impairing
violations of record against the subject premises. Accordingly, 31
(39 X 80% = 31.2) non rent-impairing violations of record at the
subject premises would have to be removed in order to gain
eligibility for the owner.
An examination of the evidence submitted by the owner both at
Challenge and on appeal reveals that the owner has failed to prove
the removal of a sufficient number of violations in order to gain
eligibility.
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
|
