BG 120069 RO
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. BG 120069 RO
: DRO DOCKET NO.ZAC-120385-R
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 2, 1987, the above-named petitioner-landlord filed a
Petition for Administrative Review against an order issued on June
22, 1987, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
28-28 42nd Street, Queens, New York, Apartment No. A2.
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 March 1986, by the tenant's
filing of a rent overcharge complaint. The landlord was served
with a copy of the tenant's complaint and in response to the
complaint, the landlord indicated that according to its records,
the January 1, 1985 monthly maximum collectible rent was $270.46.
The Rent Administrator's order, appealed herein, listed the
monthly maximum collectible rent for the subject apartment as
$223.88 effective January 1, 1985 not including 1986-87 maximum
base rent increases if the landlord was eligible to collect same
and not including any fuel cost adjustments which the landlord may
be entitled to collect. This order was based upon an examination
of the rent records for the subject apartment.
In this petition, the landlord alleges in substance that the
January 1, 1985 monthly maximum collectible rent was $270.46. In
support of such contention, the landlord submitted a copy of a
rent control rent registration card for apartment A1 in the
subject premises listing a January 1, 1985 monthly maximum
collectible rent of $270.46.
The Commissioner is of the opinion that this petition should
BG 120069 RO
The copy of the rent registration card supplied by the
landlord was for apartment A1 in the subject premises whereas the
tenant in fact resides in apartment A2 in the subject premises.
Rent records for apartment A2 indicate that the January 1, 1985
monthly maximum collectible rent was correctly set by the Rent
Administrator as $223.88.
It is noted that the Rent Administrator's order although
correctly using the rent records for apartment A2 incorrectly
referred to the subject apartment as A1. To avoid confusion, the
Rent Administrator's order is hereby modified to change the
designation of the subject apartment from A1 to A2. In all other
respects, the Rent Administrator's order is affirmed.
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 as modified
BG 120069 RO