Docket No. BH420127RO
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. BH420127RT
DISTRICT RENT
SANDRA KAVIRIS, ADMINISTRATOR'S DOCKET
NO. AJ520353R
PETITIONER
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ORDER AND OPINION TERMINATING PROCEEDING
On August 4, 1987, the above-named tenant filed a petition for
administrative review of an order issued on July 6, 1987 by a Rent
Administrator concerning the housing accommodation known as
Apartment 2A, 4861-79 Broadway, New York, New York.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant to
the issues raised by the petition for review.
This proceeding was commenced by the subject tenant filing an
overcharge complaint, dated October 8, 1986.
In the order under review herein, the Administrator determined
that the tenant's maximum rent effective on January 1, 1984 was
$318.92 per month; that the maximum rent effective on January 1,
1985 was $342.84 per month; that the maximum rent effective on
January 1, 1986 was $368.55 per month, and that the maximum rent
effective on January 1, 1987 was $396.20 per month.
In her petition the subject tenant asserts, among other things,
that the maximum rents that were listed in the Administrator's
order under review herein were incorrect.
After careful consideration, the Commissioner is of the opinion
that this proceeding should be terminated.
Docket No. BH420127RO
The Commissioner notes that on February 9, 1988, the
Administrator mailed a notice to the parties to this proceeding
reopening the Administrator's order under review herein, based upon
an irregularity in a vital matter.
The Administrator issued an order on June 29, 1988, under
Docket No. CA420044RP, which modified the Administrator's order
under review herein by disallowing an MBR increase for 1984. The
order issued under Docket No. CA420044RP noted that the subject
apartment's maximum rent effective on January 1, 1983 was $284.89
per month.
The record reflects that there was no petition for
administrative review of the Administrator's order issued under
Docket No. CA420044RP. The Commissioner finds that the
aforementioned Docket No. CA420044RP is a final determination of
the rent agency.
As the above-mentioned order disallowed an MBR increase for
1984, the Commissioner finds, based on the rent agency's record,
that the subject apartment's maximum rent effective January 1, 1984
remained at $284.89 per month.
Based on a subsequent overcharge complaint filed by the subject
tenant, the Administrator issued an order on February 16, 1990,
under Docket No. BF410019R. The above-mentioned order noted that
the subject apartment's maximum rents were as follows:
Effective Date Maximum Rent
January 1, 1985 $306.26 per month
January 1, 1986 $329.23 per month
January 1, 1987 $353.92 per month
April 11, 1989 $380.48 per month
The record reflects that there was no petition for
administrative review of the Administrator's order issued under
Docket No. BF410019R. The Commissioner finds that the
aforementioned Docket No. BF410019R is a final determination of the
rent agency.
The Commissioner further finds that the aforementioned docket
numbers, CA420044RP and BF410019R, supersedes the Administrator's
order under review herein.
Accordingly, the Commissioner is of the opinion that the
instant proceeding should be terminated as moot.
THEREFORE, in accordance with the City Rent and Rehabilitation
Docket No. BH420127RO
Law and the Rent and Eviction Regulations, it is
ORDERED, that this proceeding be, and the same hereby is,
terminated.
ISSUED:
Joseph A. D'Agosta
Deputy Commissioner
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