DOC. NOS.: BD 420130-RT, BD 420207-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 NOS. BD 420130-RT
MARY WEIMAR-TENANT : BD 420207-RT
PETITIONER : DRO DOCKET NO.: ZLC000581-OI
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
On April 9, 1987, the above-named petitioner filed a Petition for
Administrative Review against an order issued on March 19, 1987 by the
Rent Administrator, 92-31 Union Hall Street, Jamaica, New York
concerning the housing accommodation known as 450 East 88th Street,
New York, New York apartment 5-S wherein the Administrator granted the
owner's application for Compensatory Rent Adjustment and raised the
rent $15.00 per month. Since multiple copies of the appeal were
filed, an additional docket number was inadvertently issued.
The tenant objected to the owner's application on the grounds that the
rent had already been increased. To show the previous rent increases,
the tenant submitted copies of rent receipts.
In the order here under review, the Administrator increased the rent
by $15.00 per month.
In her appeal, the tenant objects to the order on the following
grounds: 1) The DHCR Notice of Landlord's Application was mailed two
years after the DHCR received the application from the owner. 2) In
making its determination in less than twenty working days after the
Notice of Application was sent to the tenant, the Administrator did
not give sufficient consideration to the tenant's answer. 3) The
application should be denied because there had been other rent
increases.
In reply, the owner contends that the Rent and Eviction Regulations
provide for a rent increase where the maximum rent in effect on July
31, 1970 is less than $60.00 per month. If the apartment contains
four or more rooms, the rent increase is $15.00. Since this tenant's
rent, even with the increase, is less than $60.00, the order should be
upheld.
DOC. NOS.: BD 420130-RT, BD 420207-RT
After careful consideration, the Commissioner is of the opinion that
these petitions should be denied.
Processing of various applications may involve a lengthy procedure.
The tenant has failed to show how she has been prejudiced by the
amount of time required to process the owner's application.
Regardless of the duration of the procedure, the Commissioner notes
that the Administrator gave full consideration to all aspects of the
application for compensatory rent adjustment, including the tenant's
objection, before issuing the order.
Section 2201.3(a)(1) of the Rent and Eviction Regulations provides, in
pertinent part, that the maximum rent in effect on July 31, 1970 shall
be increased, for any individual housing accommodation where it is
less than $60.00 per month by $15 per month where the housing
accommodation contains four or more rooms. In the instant case,
although the tenant's rent had been previously increased, such
increase does not act to bar the compensable rent adjustment permitted
by Section 2201.3 of the Rent and Eviction Regulations. Accordingly,
the Commissioner finds that the Administrator correctly granted the
owner's application for compensatory Rent Adjustment.
THEREFORE, in accordance with the Rent and Eviction Regulations, it is
ORDERED, that these petitions be, and the same hereby are, denied, and
the Rent Administrator's order be, and the same hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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