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 410061 RT
: DRO DOCKET NO. ZLC000003AC
AUVRA KARTUB
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 12, 1987, the above-named petitioner-tenant refiled a
Petition for Administrative Review against an order issued on
February 11, 1987, by the Rent Administrator, Gertz Plaza,
Queens, New York, concerning the housing accommodations known as
200 East 16th Street, New York, New York, Apartment No. 17B,
wherein the Rent Administrator increased the maximum collectible
rents of the subject apartments by $13.96 per month due to a labor
cost adjustment.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2202.11 of the Rent and Eviction Regulations
for New York City.
The issue herein is whether the Rent Administrator's order
was warranted.
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.
On appeal the petitioner-tenant alleges in substance that the
tenants were not served with a copy of the landlord's application
for the labor cost adjustment.
The Commissioner is of the opinion that this petition should
be denied.
Section 2202.11 of the Rent and Eviction Regulations for New
York City provides in pertinent part that the administrator may
make an appropriate adjustment of a maximum rent where he finds
that the actual labor expenses incurred or to be incurred exceed
the provision for payroll expenses in the currently applicable
operating and maintenance expense allowance.
In the instant case, the landlord submitted a completed
application for the labor cost adjustment and a statement from a
certified public accountant. An examination of such application
and statement discloses that the landlord was entitled to the BE
410061 RT
labor cost adjustment granted by the Rent Administrator.
With regard to the tenant's contention that the tenants were
not served with a copy of the landlord's application, the record
discloses that on June 20, 1985, all tenants were served by the
Division with a copy of the landlord's application and afforded an
opportunity to respond to such application thereby satisfying due
process requirements.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED
ELLIOT SANDER
Deputy Commissioner
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ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: BE 410061 RT
DRO Docket No/Order No.: ZLC000003AC
Tenant(s): Auvra Kartub
Owner: SAAB Management
Code Section: 2202.11 of Rent and Eviction Regulations
Premises: 200 East 16th Street, New York, NY, Apt. 17B
Order and Opinion Denying Petition
Petition denied on basis record discloses that tenant was
duly served with a copy of the landlord's application for a labor
cost adjustment.
APPROVED:
Processing Attorney:
Supervising Attorney:
Bureau Chief:
Deputy Commissioner:
Mailed copies of Order and Determination to:
Tenant(s)
Owner
Tenant's Atty
Owner's Atty
Date: : by
signature
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