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.:BH 110005-RT
:
RENT ADMINISTRATOR'S
HAYR GUITERREZ DOCKET NO.:QCS 000877-OM
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant timely filed a petition for administrative review
of an order issued on January 17, 1987 by a District Rent Administrator
concerning the housing accommodations known as 43-24 165th Street,
Flushing, New York, Apartment 1D.
The administrator granted the owner's application based on the
installation of a major capital improvement to wit: new aluminum
replacement windows building-wide.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the issues
raised by the petition for review.
In his appeal the tenant asserts, in substance, that on the order
appealed from no order number appears. The tenant further asserts that he
twice contacted the agency regarding the building registration and was
informed that the premises had not been registered. The tenant then
asserts that it is in contravention of the Omnibus Housing Act of 1983 to
grant an MCI rent increase for unregistered premises. Finally, the tenant
asserts that on July 29, 1987, while appearing before the Civil Court in a
non-payment proceeding, the judge there presiding acted in violation of
the above-mentioned housing law mandating registration when she
purportedly caused to be issued a judgment against the petitioner
directing him to, among other things, pay the MCI rent increase herein
appealed.
After careful consideration of the entire evidence of record the
Commissioner is of the opinion that the petition should be denied.
At the outset the Commissioner notes that on the face of the order
appealed herein appears the order number ZQCS 000877-OM and that the Z
being removed therefrom renders the official agency Docket Number QCS
000877-OM.
The Commissioner further notes that the agency records reveal that the
subject premises were initially registered in 1984 and that this
registration has been updated annually through the present. The premises
proper registration leaves no cause to investigate further the tenant's
assertion that the MCI increase was improperly granted for lack of
building registration.
DOCKET NUMBER: BH 110005-RT
THEREFORE, in accordance with the Rent Stabilization Law and Code, it 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.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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