ADM. REVIEW DOCKET NO.: HC220116RO
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.: HC220116RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NOS.: GH220309BO
KUI Y LUNG FE220008BR
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 392 12th Street, Brooklyn, N.Y. 11215.
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, GH220309BO was
issued on March 5, 1993. In that order, the Administrator affirmed
the finding of FE220008BR 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 reiterates the arguments he made at
challenge and resubmits copies of the evidence he submitted at
challenge in support of his arguments. The owner argues that all
outstanding violations have been removed and he should thus be
granted eligibility. The evidence submitted by the owner consists
of a report of an inspection of the subject premises made on August
25, 1992 by the New York City Department of Housing Preservation
and Development (HPD).
The Commissioner is of the opinion that this petition should
be denied.
ADM. REVIEW DOCKET NO.: HC220116RO
Section 2202.3(h) of the New York City Rent and Eviction
Regulations states, that in order to obtain eligibility to increase
MBRs at a given premises for a given cycle, the owner of that
premises must certify to the Administrator that, inter alia 100% of
all rent-impairing and 80% of all non rent-impairing violations
outstanding against the subject premises have been cleared.
The Commissioner also notes that the owner has not submitted
any more documentary evidence on appeal in support of his
assertions.
Further examination of the record reveals that the owner in
the instant proceeding has failed to reach the 80% threshold. The
Commissioner notes that the H.P.D. 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.
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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