BD 210151 RO, et al
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 NOS.: BD 210151 RO
BD 210456 RO
J.R.D. Management Corp.,
DISTRICT RENT
ADMINISTRATOR'S
DOCKET NO.: TA 011864
PETITIONER
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
On April 24, 1987 the above-named owner filed a Petition for
Administrative Review of an order issued on April 15, 1987 by a
District Rent Administrator, concerning the housing
accommodations known as Apartment 4R, 2601 Glenwood Road,
Brooklyn, New York, wherein the District Rent Administrator
determined that the owner had overcharged the tenant in the
amount of $91.22.
On April 29, 1987, the above-named owner filed another copy of
the Petition for Administrative Review, which was given another
docket number.
The Commissioner has consolidated the above-mentioned petitions
for review herein.
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 administrative appeal.
This proceeding was commenced by the tenant's filing of an
application with the New York City Conciliation and Appeals Board
(CAB), the agency formerly charged with enforcing the Rent
Stabilization Law, in which she alleged that the initial rent for
the subject apartment exceeded the fair market rent.
In its answer to the tenant's complaint, the owner, in substance,
asserted, that the tenant had not been overcharged. The owner
enclosed copies of leases beginning with that of the first
decontrolled tenant (August, 1978), through the subject tenant's
most recent lease.
In Order Number 29,905, issued April 15 1987, the District Rent
Administrator dismissed the tenant's fair market rent appeal but
determined that the tenant had been overcharged.
In its petition, the owner, by its agent, contends, in substance
and pertinent part, that a Major Capital Improvement (MCI)
increase was omitted from the Administrator's calculations, and
BD 210151 RO, et al
that it was entitled to collect this increase, authorized by an
order issued on July 14, 1983 under Docket No. OM-3180 (CAB
Opinion No. 26,717) and effective January 15, 1982.
After careful consideration the Commissioner is of the opinion
that these Petitions for Administrative Review should be denied.
Section 41C of the former Rent Stabilization Code provided for an
increase in the stabilized rent for units which became stabilized
after July 1, 1974 where there had been a building-wide Major
Capital Improvement after the date on which such units became
subject to the Rent Stabilization Law.
The record reveals that the subject apartment was removed from
rent control in 1978. Accordingly, the MCI order, Opinion No.
26,717 issued July 14, 1983, granting a rent increase based upon
Major Capital Improvements completed October 1977, was not
applicable to the subject apartment, and it so stated.
Therefore, the Commissioner is of the opinion that the
Administrator's order was correct when issued and should be
affirmed.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that these petitions be, and the same hereby are,
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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