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.: AJ 610169-RT
DRO DOCKET NO.: BS 000051-OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 21, 1986 the abovenamed petition tenant filed a Petition for
Administrative Review against an order issued on September 18, 1986 by the
Rent Administrator concerning the housing accommodation known as 1910
Pelham Parkway South, Apartment 2C, Bronx.
The herein appealed order of the Rent Administrator granted a major
capital improvement rent increase for a new roof.
In his petition the tenant, among other things, reiterates his prior
allegations that the "owner" specified in the Administrator's order (T & C
Builders Co.) is not the "owner" but only the sponsor of a co-op plan and
that the Sponsor "must have been" reimbursed by the co-op corporation and
further alleges that various stabilized apartments are vacant or occupied
by "nominees" of the sponsor and should not have been counted in
allocation the adjustment and that a hearing should have been held.
In response T & C Builders Co, among other things, alleges that it paid
100% of the cost of the roof and that, as the holder of unsold shares, it
is the "owner" of the stabilized apartments and entitled to the rent
The Commissioner is of the opinion that the petition should be denied.
As the holder of the unsold shares in the co-op the Sponsor was entitled
to collect the rents, including the instant rent increase, for the
The tenant's allegations as to reimbursement of the sponsor by the co-op
corporation are speculative.
Unsold apartments, vacant or occupied, were correctly counted by the
Administrator in the allocation of the rent increase.
DOCKET NUMBER: AJ 610169-RT
A hearing is a matter within the sound discretion of the Administrator and
the Commissioner and the Commissioner is of the opinion that there was
sufficient written evidence to properly decide the issues presented
without a hearing.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted and that
the order of the Administrator be, and the same hereby is, affirmed.