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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. BG 120165 RT
: DRO DOCKET NO.ZAE-120348-R
CECILIA SMITH
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 20, 1987, the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on June
18, 1987, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
1670 Woodbine Street, Queens, New York, Apartment No. 3R.
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
was warranted.
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 May, 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 he might have made a
mistake in calculating the 1985 monthly maximum collectible rent
and wanted the DHCR to calculate the correct rent.
The Rent Administrator's order, appealed herein, listed the
monthly maximum collectible rents for the subject apartment as
$189.12 effective January 1, 1984, $207.04 effective February 1,
1984 (due to $17.92 rent increase for the installation of thermal
windows), $222.19 effective January 1, 1985, $238.85 effective
January 1, 1986, and $245.59 effective January 1, 1987. In
addition, monthly fuel adjustments per room were listed as
follows: $2.12 effective January 1, 1980, $1.79 effective January
1, 1981, and -.73 effective January 1, 1984. This order was based
upon an examination of the rent records for the subject
apartment.
In this petition, the tenant alleges that she is "appealing
for investigation".
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The Commissioner is of the opinion that this petition should
be denied.
An examination of the rent records for the subject apartment,
including the maximum base rent records, discloses that the
maximum collectible rents and fuel adjustments were correctly
listed in the Rent Administrator's order. It is noted that from
1984 to 1987, the landlord was entitled to annual maximum base
rent increases and effective February 1, 1984, the landlord was
entitled to a rent increase of $17.92 for eight new thermal
windows. Accordingly, the Rent Administrator's order was
warranted.
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.
ISSUED
ELLIOT SANDER
Deputy Commissioner
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