Docket No. HD420095RO
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.: HD420095RO
Gary L. Nave ADMINISTRATOR'S DOCKET
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 77 West 104th Street, New York 10025.
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, GH420034BO was
issued on April 2, 1993. In that order, the Administrator affirmed
the finding of FF420859BR issued July 8, 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, specifically the owner's failure to clear more than 80%
of the non-rent impairing and 100% of the rent impairing violations
of record against the subject premises.
On appeal, the owner argues that the requisite number of
violations have been cleared from the subject premises. As
evidence, the owner submits on appeal a copy of a N.Y.C. Department
of Housing. Preservation and Development (HPD) List of Pending
Violations (LPV) various violation number on the LPV have been
circled and inscribed "Done".
The Commissioner is of the opinion that this petition should
Docket No. HD420095RO
On appeal, as well as at challenge below, the owner's
submission of evidence in support of his contention is limited to
the LPV as described above. The owner obviously intends his
notation of a particular violation as "done" to prove to the
Commissioner that violation has been repaired.
The Commissioner cannot regard such unverifiable and
selfserving evidence as proof of the owner's repair of the
THEREFORE, in accordance with 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