ADM. REVIEW DOCKET NO.: GJ420020RO
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 S.J.R.#7036
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: GJ420020RO
RESIDENTIAL MANAGEMENT, INC. DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: FF420035BO
(FF423625BR)
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 447-448 Central Park West, 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 Commissioner notes that on July 8, 1993 the owner filed
for a Mandamus proceeding in Supreme Court, New York County under
Index # 117070-93. The Commissioner retains jurisdiction in this
proceeding. As of the issue date of this order a Court order has
not been issued.
The Administrator's order being appealed, FF420035BO was
issued on September 4, 1992. In that order, the Administrator
affirmed the finding of FF423625BR, issued March 27, 1992, that the
owner be denied eligibility for a 1992/93 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 maintains that all violations of record
at the subject premises have been cleared. The owner submits as
proof of this contention repair bills attesting to clearance of
various violations and letters from various tenants attesting to
ADM. REVIEW DOCKET NO.: GJ420020RO
clearance of violations within the tenants' respective apartments.
The owner additionally states on appeal that "The requirement for
obtaining an MBR is 80% of the violations and all B and C
violations."
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 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 12
rent-impairing and 98 non rent-impairing violations of record at
the subject premises. The owner therefore was required to clear
all 12 rent-impairing violations, and at least 78 (98 X 80% = 78.4)
non rent-impairing violations in order to be eligible for 1992/93
MBR increases at the subject premises.
An examination of the evidence presented by the owner on
appeal, which is substantially identical to the evidence presented
by the owner below reveals that, although in the Commissioner's
opinion the owner has presented evidence that a sufficient number
of non rent-impairing violations were cleared by the owner, the
owner has not presented evidence that all 12 rent-impairing
violations were cleared. The Commissioner is therefore of the
opinion that, as the owner has failed to prove that all rent-
impairing violations were cleared the Administrator was correct in
denying the owner eligibility to raise MBRs at the subject premises
for 1992/3.
The Commissioner notes that the classification of violations
as "A", "B" or "C" on the LPV is irrelevant to the violation
clearance requirements for an MBR increase.
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.: GJ420020RO
Administrator be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
