ADM. REVIEW DOCKET NO.: FK530307RO
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.: FK530307RO
DISTRICT RENT
MANHATTAN AVE. APTS. ADMINISTRATOR'S DOCKET
C/O PINE MANAGEMENT, INC. NO.: DJ420508BR
EH520018BO
PETITIONER
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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 78 Manhattan Ave., New York, N.Y. 10025.
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, EH520018BO was
issued on November 8, 1991. In that order, the Administrator
affirmed the finding of DJ420508BR 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 owner contends that all violations of record at
the subject premises have been cleared in a timely manner. He also
contends, he has not seen any inspectors at the above mentioned
premises, and how can we base our decision on an inaccurate,
outdated violation report.
The Commissioner is of the opinion that this petition should
be denied.
ADM. REVIEW DOCKET NO.: FK530307RO
Section 2202.3(h) of the New York City Rent and Eviction
Regulations requires that the owner, in order to receive
eligibility to raise MBRs at a given premises for a given cycle,
must certify to the Administrator inter alia that all rent-
impairing and 80% of the non rent-impairing violations of record at
the premises have been corrected.
A List of Pending violations (LPV) reports that there were no
rent impairing violations and 64 non rent-impairing violations of
record at the subject premises. The owner therefore was required
to clear 51 (64 X 80% = 51.20) non rent-impairing violations in
order to be eligible for 1990-91 MBR increase at the subject
premises.
The Commissioner notes that an examination of the file reveals
that the owner did not correct sufficient violations at the subject
premises in order to qualify for an MBR increase for 1990/91 at
these 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, 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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