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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. BE 420037 RT
: DRO DOCKET NO.ZAJ-420323-R
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 30, 1987, the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on April
17, 1987, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
153 East 18th Street, New York, New York, Apartment No. 5.
The Administrative Appeal is being determined pursuant to the
provisions of the Rent and Eviction Regulations for New York City.
The issue herein is whether the Rent Administrator's order
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 initiated in September, 1986, by the
tenant's filing of a rent overcharge complaint. The tenant stated
inter alia that he first moved to the subject apartment in 1969
and that the prior tenant had received illegal rent increases for
a new lease, new brass plumbing, rewiring and other items never
done within the subject apartment.
In answer to the tenant's complaint, the owner stated in
substance that no rent overcharge had occurred.
In Order Number ZAJ-420323-R, the Rent Administrator listed
the January 1, 1987 monthly maximum collectible rent as $392.89
plus fuel cost adjustments to which the owner was entitled.
In this petition, the tenant alleges in substance that the
maximum collectible rent should be decreased because the prior
tenant was charged for new brass plumbing, a new refrigerator, a
new sink, a new stove, and complete electric rewiring of the
subject apartment which was never done and that these charges
became part of the base rent of the subject apartment.
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The Commissioner is of the opinion that this petition should
An examination of the rent records for the subject apartment
discloses that in 1962 under docket AC 428691, the owner received
a rent increase for brass plumbing and in 1968 under docket 2AC
15721S, the owner received a rent increase due to rewiring. The
record further discloses that no appeals were taken from such
dockets. Further, the record is unclear as to whether any rent
increases were granted for the installation of a new refrigerator,
new sink, or new stove during the prior tenancy, but if so, again
the prior tenant did not contest such rent increases and they
cannot be challenged at this time. Therefore, the Rent
Administrator correctly did not reduce the maximum collectible
rent of the tenant herein due to the aforementioned allegations of
the tenant herein.
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.
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