ADM. REVIEW DOCKET NO.: FK120489RT
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.: FK120489RT
LILLIAN RUSSO DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: DG120017BO
(BK123681BR)
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 47-06 88th Street, Apt. A30, Elmhurst, 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, DG120017BO was
issued on October 18, 199l. In that order, the Administrator
revoked the finding of BK123681BR, 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 states that, contrary to the
Administrator's finding, the owner has not cleared violations from
the subject apartment. The tenant states on appeal, inter alia
that repairs had been made to the subject apartment, but that she
"cannot see why I should (pay MBR increases) when (violations
hadn't been cleared) for all these years." The tenant supplements
her appeal with copies of complaints she made to the New York City
Department of Housing Preservation and Development (HPD), these
complaints including those alleging new violations at the subject
premises, as well as those violations which had been previously
reported.
ADM. REVIEW DOCKET NO.: FK120489RT
The Commissioner is of the opinion that this petition should
be denied.
A List of Pending Violations (LPV) discloses that there were
three rent-impairing and 40 non rent-impairing violations of record
against the subject building as of January 1, 1987. Pursuant to
Section 2202.3(h) of the New York City Rent and Eviction
Regulations the owner, in order to gain eligibility to raise MBRs
at the subject premises was required to certify to the
Administrator that all three rent-impairing and at least 32 (40 X
80% = 32) non rent-impairing violations of record against the
subject building as of January 1, 1987 had been cleared.
As noted above the Administrator, in BK123681BR (issue date:
June 22, 1989) determined that the owner had not made such a
certification, and thus denied the owner eligibility to raise MBRs
at the subject premises for 1988/89.
Upon the owner's filing of a Challenge to that order, the
Administrator revoked the order, finding that the owner had
certified to the clearance of the requisite number of violations.
The order revoking the previous denial of eligibility was issued by
the Administrator on October 18, 1991 under the docket #
DG120017BO.
An examination of docket # DG120017BO reveals that at
Challenge to the Administrator's denial of eligibility the owner
submitted as evidence a report of an HPD inspection of the subject
building. The report discloses that all three of the rent-
impairing violations noted on the LPV had been cleared, as had 34
of the 40 non rent-impairing violations.
Inasmuch as the owner submitted proof of violation clearance
to the Administrator below, and the tenant conceded as much on
appeal, the Commissioner is of the opinion that the Administrator's
order under review herein was correct.
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
ADM. REVIEW DOCKET NO.: FK120489RT
Administrator issued under Docket # DG120017BO be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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