ADM. REVIEW DOCKET NO.: BI 430183 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. BI 430183 RO
D.R.O. DOCKET NO.:
: L 002696 R
JOHN WAI, STANDARD PROPERTIES CORP,
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On September 15, 1987, the above-named petitioner-owner filed
a Petition for Administrative Review against an order issued on
August 14, 1987, by the District Rent Administrator, 10 Columbus
Circle, New York, New York, concerning housing accommodations
known as Apartment 5C, 127 Ludlow Street, New York, New York
wherein the District Rent Administrator determined tht the tenant
had been overcharged.
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 by the filing of a
rent overcharge complaint by the tenant. The tenant took
occupancy pursuant to a lease commencing October 1, 1984 and
expiring September 30, 1986 at a monthly rent of $430.00.
In the order under appeal herein, the District Rent
Administrator determined that the tenant had been overcharged
$5.94 per month on the tenant's initial lease commencing October
1, 1984 and $6.47 per month on the tenant's renewal lease
commencing October 1, 1986 and directed the owner to refund a
total of $235.93 representing overcharges for the period from
October 1, 1984 to August 31, 1987, including interest.
In this petition, the owner contends that the District Rent
Administrator failed to include an increase for a new gas range
and two new aluminum windows installed for the tenant.
In answer to this petition, the tenant contends that when he
took occupancy he paid the managing agent $100.00 to install a new
ADM. REVIEW DOCKET NO.: BI 430183 RO
stove and he was told that two defective windows would be replaced
by two new aluminum windows which had already been ordered.
The Commissioner is of the opinion that this petition should
be granted.
Sections 2522.4a(1) and (4) of the Code provide that where
there has been an installation of new equipment in a stabilized
apartment, the monthly stabilization rent for said unit may be
increased by 1/40th the cost of such equipment provided the tenant
has consented thereto in writing. In the case of vacant housing
accommodations, tenant consent shall not be required.
The record in this case indicates that during the proceeding
before the Administrator the owner submitted a bill from a
construction company indicating the installation of new stove in
the subject apartment on October 3, 1984 at a cost of $351.15.
The bill includes a notation that two aluminum windows were
ordered for the subject apartment at a cost of $440.00. The bill
lists check numbers and dates for these items. The tenant
acknowledges receipt of these items. The Commissioner finds that,
while it is unclear from the documentation submitted whether the
aluminum windows were ordered from the same construction company
as the stove, the documentation adequately substantiates the
purchase and installation of the stove and therefore an increase
is warranted for this item pursuant to Sections 2522.4a(1) and (4)
of the Code. Including an increase for this item results in a
finding of no overcharge.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be and the same hereby is
granted, the District Rent Administrator's order be and the same
hereby is revoked and it is determined that the tenant was not
overcharged.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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