DOC. NO.: BF 120065-RT
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.: BF 120065-RT
MILDRED SCHWEITZER, : DRO DOCKET NO.:
PETITIONER : ZAF 120010-OI
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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 order issued on May 11, 1987 by
the District Rent Administrator, (Gertz Plaza) concerning housing
accommodations known as Apartment 3C, 31-38 29th Street, Long Island
City, New York.
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 commenced by the landlord filing an application
for increase in the maximum rent of the subject controlled apartment
in which it alleged that the tenant installed a television antenna
without its consent.
In response to the landlord's application, the tenant stated, in
substance, that the antenna has been in use for 25 years and any rent
increase adjustment is already reflected in the legal regulated rent
for same.
In Docket Number ZAF 120010-OI the Administrator issued an order
granting the landlord's application and increased the maximum legal
regulated rent by $2.00 per month for the tenant's usage of the
television antenna.
In this petition, the tenant contends, in substance,that the
television antenna has been in place for 25 years and that the current
landlord is not entitled to collect the ($2.00) increase granted by
the Administrator.
After careful consideration of the entire record the Commissioner is
of the opinion that this petition should be denied.
DOC. NO.: BF 120065-RT
The Commissioner notes that prior to the issuance of the
Administrator's order, a rent increase adjustment was not reflected in
the maximum legal regulated rent for said T.V. antenna; and that the
prior landlord's failure to apply for a rent increase adjustment for
the usage of that equipment does not preclude the current landlord
from collecting an appropriate rent increase for same. Accordingly,
the Commissioner finds that the Administrator's order which granted
the current landlord's application for a rent increase is warranted
and should be affirmed.
THEREFORE, in accordance with the provisions of the Rent and Eviction
Regulations for New York City, it is
ORDERED, that this petition be, and the same hereby is, denied; and
the that the Administrator's order be, and the same hereby is
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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