AJ 510079 RT
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. AJ 510079 RT
Claudette Lockner, : DISTRICT RENT OFFICE
DOCKET NO. L-004096 R
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 2, 1986, the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on
September 15, 1986, by the Rent Administrator, Jamaica, New York,
concerning the housing accommodations known as 95 Seaman Avenue,
New York, New York, Apartment No. 2C, wherein the Administrator
determined that the owner had overcharged the tenant in the
amount of $237.66.
The tenant had originated this proceeding by filing a complaint
of rent overcharge in September 1985. In the ensuing order, here
appealed, the Administrator found and concluded inter alia (a)
that the tenant had not filed a timely objection to the apartment
registration filed by the owner, so that the rent registered as
of April 1, 1984, would be the "initial legal registered rent,"
and (b) that the owner had installed new equipment during the
vacancy preceding the tenant's occupancy, entitling the owner to
charge $8.05 more per month than would otherwise have been
permitted. In her appeal of the aforementioned overcharge
determination, the tenant now attacks (a) and (b).
The petition first states (with documentation) that the tenant
had written to the owner,
a letter requesting information on why the rent was so
high in 1984, at which point . . . I was referred to
phone him, so he would not put anything in writing and
try to stall me for time [so that I would not timely
object to the registration statement]. I was set up
for this by him, as I am not from New York and did not
know your procedure in New York at all.
The owner responds that the aforementioned initial rent "is
legally incontestable" in that it was set in 1983 by the City
Department of Housing Preservation and Development pursuant to
that agency's authority over rehabilitated units.
AJ 510079 RT
Petitioner's objection to the charge for additional equipment
states that the applicable lease entitled her to appliances at
the landlord's expense, that there was no refrigerator in the
apartment when she moved in, and that although she had requested
no refrigerator (let alone a new one), the owner had chosen to
buy a new one and install it in the subject apartment.
The Commissioner, having carefully considered the relevant
portions of the record herein, is of the opinion that the
petition should be denied.
Petitioner has admitted to being served with a copy of the
apartment registration form in 1984, and does not deny failing to
object to the registered rent on a timely basis. Rather she asks
the Commissioner to excuse that failure because after she had
complained to the owner about the rent, the latter's agent wrote
back, asking her to telephone. Clearly those circumstances
cannot lead to abrogation of this timely-objection rule, and the
Administrator's determination of the initial legal rental will
remain undisturbed.
Turning to the other assignment of error, the Commissioner must
point out that the tenant, by signing the lease, had agreed to a
particular rental amount, which included a charge for the
refrigerator, before the refrigerator was installed. The
evidence of record, including a copy of the bill for the
refrigerator, discloses that the refrigerator was ordered during
a vacancy period. The tenant's consent for the installation was
therefore not required. Thus the Administrator was correct in
granting the questioned increase.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is denied,
and that the Administrator's order, including an overcharge
figure of $237.66 through September 30, 1986 be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
AJ 510079 RT
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