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 620336 RO
: DRO DOCKET N . ZAG-610105-
R.H.S. REALTY CO.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 26, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
April 27, 1987, by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 4265 Webster Avenue, Bronx, New York, Apartment No. 3H.
The Administrative Appeal is being determined pursuant to
Section 2522.4 of the Rent Stabilization Code.
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.
The Rent Administrator's order, appealed herein, denied the
owner's application, filed in July, 1986, for a $5.00 rent
increase for a protruding air conditioner installed without the
owner's consent. This order was based on a decision by the
Conciliation and Appeals Board, the agency formerly charged with
enforcing the Rent Stabilization Law. In such decision - CAB
Opinion Number 23,555, docket 54251 issued on December 2, 1982 -
it was determined that the installation of air conditioners by the
tenant herein without charge was a required base date service
included in the rent of the subject apartment.
In this petition, the owner alleges in substance that
pursuant to Supplement Number 1 to Operational Bulletin 84-4, a
$5.00 charge for a protruding air conditioner is appropriate.
The Commissioner is of the opinion that this petition should
BE 620336 RO
Pursuant to CAB Opinion Number 23,555, the tenant herein
cannot be charged a rent increase for the installation of air
conditioners in the subject apartment since such right of
installation was recognized as a required base date service.
Supplement Number 1 to Operational Bulletin 84-4 cited by the
owner in its petition is not applicable to the instant proceeding
but is applicable only in cases where the right to install an air
conditioner is not a required base date service and where an air
conditioner is installed for the first time on or after October 1,
1985. Accordingly, the Rent Administrator's order was warranted.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, and the Emergency Tenant Protection
Act of 1974, 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.
ADMINISTRATIVE REVIEW BUREAU
ARB Docket No.: BE 620336 RO
DRO Docket No/Order No.: ZAG-610105-OI
Tenant(s): Leon Ferber
Owner: RHS Realty Co.
Code Section: 2522.4 of RSC
Premises: 4265 Webster Avenue, Bronx, NY, Apt. 3H
Order and Opinion Denying Petition
Petition denied on basis evidence of record including CAB
Opinion Number 23,555, discloses tenant had a right to install
protruding air conditioner in subject apartment without charge.
Mailed copies of Order and Determination to:
Date: : by