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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.: BE 410106 RT
DAVID S. ROWLAND,
DISTRICT RENT ORDER
DOCKET NO.: TC 77110 G
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 14, 1987 the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on May
4, 1987 by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York concerning housing accommodations known as 310
West 93rd Street, New York, New York, Apartment 3C.
The Commissioner notes that this proceeding was initiated prior
to April 1, 1984. Sections 2526.1(a)(4) and 2521.1(d) of the
Rent Stabilization Code (effective May 1, 1987) governing rent
overcharge and fair market rent proceedings provide that
determination of these matters be based upon the law or code
provisions in effect on March 31, 1984. Therefore, unless
otherwise indicated, reference to Sections of the Rent
Stabilization Code (Code) contained herein are to the Code in
effect on April 30, 1987.
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 on October 12, 1983 by the tenant
filing a complaint of rent overcharge.
The tenant took occupancy pursuant to a lease commencing November
1, 1980 and expiring October 31, 1981 at a monthly rental of
$237.45.
In Order Number CDR 28,855 as amended, the order hereunder
appeal, the Rent Administrator established the lawful
stabilization rent, determined that the owner had overcharged the
tenant in the amount of $414.13, including interest, and directed
the owner to refund the overcharge amount to the tenant.
In this petition, the tenant contends that the rent increase for
new equipment which he agreed to in his initial lease (rider
clause number 40) was only collectible during the initial lease
term and that payment of the increase after the expiration of the
BE 410016 RT
initial lease term constituted an overcharge.
In response, the owner asserts, in substance, that the tenant's
claim is without merit.
The Commissioner is of the opinion that this petition should be
denied.
Section 20C(1) of the Rent Stabilization Code provided that where
there has been an installation of new equipment in a rent
stabilized apartment, the monthly stabilization rent for said
unit may be increased by 1/40th the cost of the equipment. The
tenant's contention that the rent increase for new equipment was
only collectible during the term of the initial lease is not
supported by the Code.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, denied,
and the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
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ELLIOT SANDER
Deputy Commissioner
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