CF210272RO
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.BB410003RO
: DRO DOCKET NO.37395
Milford Mgmt. Corp.,Agent for
Lincoln Plaza Associates, PREMISES: 20 West 64th
Street Apartment 34U
PETITIONER : New York, New York 10023
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ORDER AND OPINION TERMINATING PROCEEDING
The above-named petitioner filed a Petition for Administrative
Review of an order issued by the Tenant Objection Unit concerning
the tenant's objection to the room court registered by the owner on
the initial apartment registration statement.
The Rent Stabilization Law and Code do not contain any provisions
pursuant to which a successful challenge to the size/room count of
a housing accommodation would constitute, by itself, a basis for a
finding of overcharge or other rental violation.
Under the Rent Stabilization Code, the rent charged for a housing
accommodation may be affected by the size/number of rooms of such
accommodation only when there are Major Capital Improvement (MCI)
rent increases issued by the DHCR computed on a per room basis.
Accordingly, any challenge to the room count of a housing
accommodation will only be addressed during such proceedings where
it would directly affect the computation of the rent increase.
Accordingly, the Commissioner is of the opinion that it is
unnecessary to decide the issue raised in this appeal.
This proceeding, therefore, is terminated without prejudice to the
tenant raising the issue as part of a pending or future MCI
proceeding in which the tenant wishes to challenge the number of
rooms assigned to the apartment for the purpose of allocating the
MCI.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
BB410003RO
ORDERED, that this proceeding be, and the same hereby is,
terminated.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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