ADM. REVIEW DOCKET NO.: GL420195RO
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.: GL420195RO
JOSEPH KIZNER DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: FF520012BO
(EL520017RE,)
PETITIONER (DI421271BR)
------------------------------------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 835 West 176th Street, apartments 1F, 3B &
3G, 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, FF520012BO was
issued on December 4, 1992. In that order, the Administrator
affirmed the finding of EL520017RE issued May 24, 1991, 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 owner was previously denied eligibility for
1990/91 MBR increases at the subject premises by the Administrator
under docket # DI421271BR. The owner subsequently refiled his
Violation Certification and Operation & Maintenance & Essential
Services Certification with the Administrator under docket #
EL520017RE.
On appeal the owner contends that the required violations of
record at the subject premises have been cleared. The owner also
reserves the right to "provide further information."
ADM. REVIEW DOCKET NO.: GL420195RO
The Commissioner is of the opinion that this petition should
be denied.
The Commissioner first notes that the owner has not submitted
any documentary evidence on appeal in support of his assertions.
An examination of the file discloses an inspection report
containing the results of an inspection of the subject premises
conducted on January 25, 1990 by the New York City Department of
Housing Preservation and Development (HPD).
The HPD inspection disclosed numerous violations at the
subject premises.
Under docket # EL520071RE the owner responded to this report,
submitting documentary evidence of the clearance of many of the
violations.
The Commissioner is of the opinion that the owner did not
prove clearance of a sufficient number of violations in order to
gain him eligibility to raise MBRs at the subject premises for
1990/91.
Pursuant to the relevant portion of Section 2202.3(h) of the
New York City Rent and Eviction Regulations, the owner must certify
that 80% of the non rent-impairing violations of record at the
subject premises, in order to gain eligibility to raise MBRs at the
subject premises, have been cleared.
An examination of the record reveals that the owner in the
instant proceeding has failed to reach the 80% threshold. The
Commissioner notes that the HPD report, as well as the evidence
submitted by the owner in response to that report, was examined in
the most favorable light possible for the owner.
The Commissioner is of the opinion that any additional
information provided by the owner at this late date (over 1 1/2
years after the end of the 1990/91 cycle) would be irrelevant to
the Commissioner's finding that the Administrator was correct in
denying the owner eligibility to raise MBRs at the subject
premises, due to the owner's failure to certify that a sufficient
number of violations were cleared.
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.: GL420195RO
Administrator be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
