`                       STATE OF NEW YORK
                            OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                               JAMAICA, NEW YORK 11433

      APPEAL OF                              DOCKET NO.:BI 110030-RO
        HEIGHTS ASSOCIATION                  DOCKET NO.:Q 3119876-R
                            PETITIONER    : 
      ------------------------------------X  TENANT: Lucie C. Gutmann   


      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 

      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 


                                           JOSEPH A. D'AGOSTA
                                       Acting Deputy Commissioner


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