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.: BF-110077-RT
AIDA AVILES, DRO DOCKET NO.: ZQ-006080-R
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 15, 1987, the above named-petitioner-tenant filed a petition for
administrative review against an oreder issued on May 12, 1987 by the
District Rent Administrator, (Gertz Plaza) concerning housing
accommodations known as 119-17th Avenue, Queens, New York Apartment 1G,
wherein the District Rent Administrator denied the tenant's overcharge
The Commissioner has reviewed all of the evidence in the record and has
careful considered that portion of the record relevant to the issues
raised by the administrative appeal.
The proceeding was originally commenced by the filing in December 1985 of
a rent overcharge complaint by the tenant (Aida Aviles)>
In order number ZQ-006080-R, The District Rent Administrator determined
that the apartment was registered and the rent for the tenant of record,
Aviles, as of April 1, 1984 was $328.85 including $1.25 for window guards.
The apartment registration form was served by the owner, on the tenant of
record who did not file an objection. Subsequent renewal leases signed
by the complaining tenant were subject to appropriate guidelines and
established at $372.78 per month for the period June 1, 1985 to May 31,
1987. Accordingly, the Administrator found that there was no overcharge.
In her appeal the tenant challenged the initial rent rather than the rent
of 1985. She stated, in substance, that the legal regulated rent for the
subject apartment should have been $276.94 and her rent in 1985 should
have been increased to $313.93 rather the $372.78 she was charged; and
that the temporary charge for window guards should not have been included
in her rent.
The owner answered and urged that the petition be denied because the rent
was properly registered in 1984 and the initial rent which included a
permanent charge for installation of window guards was subject to
guidelines increases for each renewal lease.
DOCKET NUMBER: BF-110077-RT
The Commissioner is of the opinion that this petition should be denied.
A review of the record reveals that the subject tenant sign a form
acknowledging receipt of the apartment registration form the owner; and
that the tenant did not file an objectionwithin the 90 days of the mailing
of the notice. Accordingly, the Commissioner finds that the Administrator
correctly determined that the rent registered on April 1, 1984 is the
initial Legal Registered Rent; and that the tenant had not been
The Commissioner notes that under the old New York City Health Code prior
to 1986, upon the installation of window guards, an owner was entitled to
collect a permanent rent increase (25 cents per window guards); and that
all subsequent increases for each renewal lease were computed under
applicable rent guidelines increases.
THEREFORE, in accordance with the provisions of the Rent Stabilization Law
and Code, t is
ORDERED, that this petition be, and the same hereby is, denied, and, that
the order of the Rent Administrator be, and the same hereby is, affirmed.