BG 430379 RO
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 430379 RO
Edward Giaimo, DISTRICT RENT ADMINISTRATOR
DOCKET NO.: ZAJ 420034-OI
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On July 15, 1987, the above named petitioner owner filed a
Petition for Administrative Review against an order issued on
July 7, 1987, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
346 East 65th Street, New York, New York, Apartment No. 4C.
The Administrative Appeal is being determined pursuant to the
provisions of section 2202.4 of the Rent and Eviction Regulation
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.
The Rent Administrator's order appealed herein, granted the
owner's application, filed in October 1986 for a rent increase
for two protruding air conditioners installed without the owner's
consent. The order was based on an inspection conducted at the
subject apartment on December 22, 1986, which indicated that
there were two air conditioners in the subject apartment which
protruded beyond the window line.
In this petition, the owner alleges in substance that he is
entitled to a rent increase of $10.00 per month for the two
protruding air conditioners installed by the tenant.
The Commissioner is of the opinion that this petition should be
granted.
An examination of the evidence of record including the physical
inspection supports the owner's contention that the tenant has
installed two air conditioners which protrude beyond the window
line.
Further the owner is correct in his contention that he is
entitled to a $10.00 rent increase rather than a $4.00 rent
increase for the two air conditioners. Pursuant to Operational
Bulletin 84-4, supplement, in effect when the air conditioners
BG 430379 RO
herein were installed, the owner is entitled to a $5.00 monthly
rent increase for each air conditioner found to protrude beyond
the window line. Accordingly the Rent Administrator's order is
hereby modified to show a rent increase of $10.00 per month
rather than $4.00 per month.
The tenant may pay any arrears in rent, if any, resulting from
this order in twelve equal monthly installments.
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, granted, and that the order of the Rent
Administrator be, and the same hereby is, modified in accordance
with this order and opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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