BH 610121 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. BH 610121 RO
: DRO DOCKET NO.ZAH-610106-OI
GARY TOWERS COMPANY
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 17, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on August
6, 1987, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
3123 Bailey Avenue, Bronx, New York, Apartment No. 1H.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2522.4 of the Rent Stabilization Code.
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, denied the
owner's application, filed in August, 1986, for a $5.00 rent
increase for a protruding air conditioner installed without the
owner's consent. The owner conceded in its application that the
tenant had now removed the air conditioner so that it no longer
protruded, but contended that the tenant remains obligated to pay
the $5.00 rent increase due to the initial installation. In
response to the owner's application, the tenant had stated that he
had removed the air conditioner from the window. An inspection
conducted at the subject apartment on June 19, 1987, disclosed
that the air conditioner was now mounted in a sleeve and was not
protruding beyond the window line.
In this petition, the owner alleges in substance that even
though the tenant may have removed the protruding air conditioner,
the owner is still entitled to a permanent $5.00 rent increase
since at one time the tenant did have a protruding air
conditioner.
The Commissioner is of the opinion that this petition should
be denied.
BH 610121 RO
The evidence of record discloses that the tenant removed his
protruding air conditioner even before the owner filed its rent
increase application due to such protrusion and has not
reinstalled a protruding air conditioner as evidenced by a
physical inspection. In such circumstances, the owner was not
entitled to a rent increase due to the existence of a protruding
air conditioner and the Rent Administrator's order to that effect
was therefore warranted.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, 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
JOSEPH A. D'AGOSTA
Deputy Commissioner
BH 610121 RO
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