DOC. NO.: BD 410338-RO
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. BD 410338-RO
585 WEST END AVE., LTD. : DISTRICT RENT ORDER
DOCKET NO. AF 420025-OI
ORDER AND OPINION GRANTING PETITION
FOR ADMINISTRATIVE REVIEW
On April 3, 1987 the above-named petitioner-owner filed a Petition for
Administrative Review against an order issued on March 25, 1987 by the
Rent Administrator, 92-31 Union Hall Street, Jamaica, New York
concerning housing accommodations known as 585 West End Avenue, New
York, New York, Apartment 3B.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was commenced on June 12, 1986 by the owner filing
an application for a rent increase in the amount of $7.86 per month
based on the installation of a new gas range at the subject premises
on June 4, 1986. The owner's application included a statement of
consent signed by the tenant and an invoice for the new equipment.
The owner was subsequently requested to submit a copy of the
cancelled check as evidence of payment for the gas range. There is
no indication in the record that the owner responded to the request.
In the herein appealed order, the Rent Administrator denied the
owner's application based on its failure to submit evidence
necessary to process the application.
In this petition, the owner contends that it had provided the DHCR
with a copy of the cancelled check and submits a copy of same with
the petition. The Commissioner notes that the check is made out in
the amount of $314.54.
The tenant did not submit a response to the petition.
The Commissioner is of the opinion that this petition should be
Section 2202.4(a)(1) of the Rent and Eviction Regulations for New
DOC. NO.: BD 410338-RO
York City provides, in pertinent part, that the Rent Administrator
may grant an appropriate adjustment of maximum rent where it is
found that the owner and tenant by mutual voluntary written
agreement agree to a change in services or equipment in the housing
Based upon the entire evidence of record, Commissioner finds that
the owner is entitled to collect a rent increase in the amount of
$7.86 per month, effective June 4, 1986, for the installation of a
new gas range in the subject apartment with the tenant's consent.
Any arrears owed by the tenant as a result of this order may be paid
to the owner in six monthly installments.
THEREFORE, in accordance with the Rent and Eviction Regulations for
New York City, it is
ORDERED, that this proceeding be, and the same hereby is, granted,
and the Rent Administrator's order be, and the same hereby is,