DHCR Decisions
ADM. REVIEW DOCKET NO.: HC420137RO
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.: HC420137RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NOS.: FF427769BR
DAVID LEVINE GH420167BO
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 312 East 91st Street, New York, N.Y. 10128,
Apt. 4-W.
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, GH420167BO was
issued on February 26, 1993. In that order, the Administrator
affirmed the finding of FF427769BR issued July 15, 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 contends that "since no MBR package was
received, listing the violations nor was there an MBR inspection,
why must an MBR fee be paid?"
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.
ADM. REVIEW DOCKET NO.: HC420137RO
An examination of the file discloses an inspection report
containing the results of an inspection of the subject premises.
As of January 1, 1992 there were 14 Rent impairing and 130 non-Rent
impairing violations pending against the above mentioned property.
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
1992/93.
Pursuant to the relevant portion of Section 2202.3(h) of the
N.Y.C. 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.
As per the owner's complaint, that he had not received a copy
of the MBR listing of violations against his building.
The Commissioner notes order of modification, revocation or
affirmation, issued February 26, 1993, and sent to the owner, where
the administrator indicates that for further information concerning
violations, you should contact Code Enforcement at 39 Broadway, New
York 10006-3072.
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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