ADM. REVIEW DOCKET NO.: HA220112RO
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.: HA220112RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: FB220021BO
IVAN LOPEZ (ED220046BR)
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 887 Bedford Avenue, Apt. 3L, Brooklyn, 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, FB220021BO was
issued on December 11, 1992. In that order, the Administrator
affirmed the finding of ED220046BR, issued February 7, 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.
On appeal the owner contends that he cleared a sufficient
number of violations in order to gain eligibility, and refers to
documentation he submitted to the Administrator below, in response
to a Request for Additional Information from the Administrator.
This documentation includes a letter from a construction firm
describing work done, as well as an agreement with an exterminator,
by which agreement the owner contracted for extermination services.
The Commissioner is of the opinion that this petition should
be denied.
ADM. REVIEW DOCKET NO.: HA220112RO
An examination of the documentation submitted by the owner
before the Administrator discloses that the owner does not prove
clearance of a sufficient amount of violations (all of the rent-
impairing and at least 80% of the non rent-impairing) of record
against the subject premises in order to gain for himself
eligibility to raise MBRs at the subject premises for 1990/91.
Moreover, an inspection of the subject premises conducted on
May 13, 1992 (over four months after the end of the 1990/91 cycle)
by the New York City Department of Housing Preservation and
Development discloses that as of that date none of the violations
had been 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
Administrator be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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