` 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.:BI 110030-RO
:
MANCHESTER JACKSON RENT ADMINISTRATOR'S
HEIGHTS ASSOCIATION DOCKET NO.:Q 3119876-R
PETITIONER :
------------------------------------X TENANT: Lucie C. Gutmann
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On September 5, 1987, the above-named petitioner-owner filed a Petition for
Administrative Review against an order issued on July 14, 1987, by the Rent
Administrator, 10 Columbus Circle, New York, New York concerning the
housing accommodations known as 33-25 76th Street, Queens, New York,
Apartment No. 3D, wherein the Rent Administrator determined that the owner
had overcharged the tenant. The petition is considered as timely filed in
that the Rent Administrator's order was not sent to the owner at its last
registered address.
The Administrative Appeal is being determined pursuant to the provisions of
Section 2526.1 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.
This proceeding was originally commenced in March 1984 by the filing of a
rent overcharge complaint by the tenant in which the tenant stated in
substance that she had not been provided with a full rental history and
that she had been charged rent increases of $5.89 and $14.63 due to boiler
work, rewiring and the installation of a new intercom. In answer to the
complaint, the owner submitted a complete rental history for the subject
apartment.
The Commissioner is of the opinion that this petition should be granted.
An examination of the records in this case discloses that the owner is
correct in its contention that it was not credited with major capital
improvement rent increases to which it was entitled - to wit, $5.89 for the
installation of a new boiler in 1982 and $14.63 for rewiring and the
installation of an intercom in 1983. When these increases are taken into
account it is apparent that no rent overcharge occurred. Therefore, the
Rent Administrator's order must be revoked.
If the owner has already complied with the Rent Administrator's order and
there are arrears due to the owner as a result of the instant
determination, the tenant is permitted to pay off the arrears in 24 equal
DOCKET NUMBER: BI 110030-RO
monthly installments. Should the tenant vacate after the issuance of this
order or have already vacated, said arrears shall be payable immediately.
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, granted, and, that the order of the Rent Administrator be, and
the same hereby is, revoked, and it is found that no rent overcharge
occurred.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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