ADM. REVIEW DOCKET NO.:GK420087RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: GK420087RO
STEPHEN CARVER DISTRICT RENT
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 213 West 80th Street, apartments 3W and 5W,
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, EJ420111BO was
issued on October 30, 1992. In that order, the Administrator
affirmed the finding of DL422216BR, issued October 4, 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 states that he received a J-51 Tax
Abatement and as such should be granted an MBR increase.
The Commissioner is of the opinion that this petition should
ADM. REVIEW DOCKET NO.: GK420087RO
The requirements for eligibility for a J-51 Tax Abatement,
administered by the New York City Department of Housing
Preservation and Development and for eligibility to raise MBRs are
separate and distinct. Any overlap in requirements is co-
incidental to the separate and distinct purposes of each program
each administered by different agencies of different governments.
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
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.
JOSEPH A. D'AGOSTA