ADM. REVIEW DOCKET NO.: GK620076RO
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.: GK620076RO
DISTRICT RENT
PENFIELD PROPERTIES ADMINISTRATOR'S DOCKET
C/O R.R. MANAGEMENT NO.: EL620073BO
(DK623351BR)
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 834 Penfield Street, 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, EL620073BO was
issued on October 9, 1992. In that order, the Administrator
affirmed the finding of DK623351BR, 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. The Administrator specifically found that
violation item # 65 (a rent-impairing violation) had not been
cleared.
On appeal the owner states, in toto: "The violation cited on
your order of affirmation re: MBR has been abated." The owner
provides no documentation in support of this assertion.
The Commissioner is of the opinion that this petition should
be denied.
ADM. REVIEW DOCKET NO.: GK620076RO
A List of Pending Violations discloses that, as of January 1,
1989 there was one rent-impairing violation (#65) of record against
the subject premises. Per Section 2202.3(h) of the New York City
Rent and Eviction Regulations the owner thus was obligated to
certify to the Administrator that the rent-impairing violation was
cleared, in order to gain eligibility to raise MBRs at the subject
premises for 1990/91.
An inspection of the subject premises conducted by the New
York City Department of Housing Preservation and Development on May
13, 1992 disclosed that the owner had failed to clear violation
#65, even as of that late date (several months after the conclusion
of the 1990/91 MBR cycle).
The Commissioner further notes that violation #65 concerns the
(illegal) storage of combustible material in the oil tank room of
the subject premises. The Commissioner is of the opinion that,
inasmuch as this condition presents a danger to the safety of the
tenants of the subject premises, failure to clear violation #65
additionally represents a denial of an essential service to the
tenants of the subject premises.
As indicated above the owner has not presented any evidence on
appeal in support of its contention.
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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