ADM. REVIEW DOCKET NO.: BE410095RT
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.: BE410095RT
JOHANNA FISCHER
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: 7MBC171M (7M10640M)
PETITIONER PREMISES: 30 West 90th
Street, Apt. 5C, New York,
------------------------------------X N.Y.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for
administrative review of an order issued concerning the housing
accommodations described above.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the petition.
The issue in this proceeding is whether the Administrator's
order was correct.
In the order under appeal herein, the Administrator found that
the owner of the subject apartment was eligible to raise the
Maximum Base Rent (MBR) of the subject apartment for the period
1986/87.
On appeal, the tenant states that Administrator's order
LC001035RU (issued October 11, 1985) mistakenly found that the
subject apartment (identical to the subject apartment in the
instant proceeding) had 3 rooms and accordingly upwardly adjusted
the tenant's MBR and Maximum Collectible Rent (MCR) TO $287.61 per
month and $235.93 per month, respectively, effective January 1,
1985. Administrator's order LC000092RU and LC000092RP (issued on
November 21, 1985 and April 14, 1986, respectively) revoked this
order and found that the tenant's apartment consisted of 2 rooms,
and established the MBR and MCR at $230.79 per month, effective
January 1, 1985.
ADM. REVIEW DOCKET NO.: BE410095RT
The tenant maintains on appeal that, in the order under review
herein the Administrator "seems to" disregard the RP and latter RU
orders finding 2 rooms and a lower rent for the subject apartment
and instead the Administrator is apparently following LC001035RU.
The tenant further contends that the "wrong" rental amount was on
the form notifying the tenant that the owner had received
eligibility to raise rents under Administrator's order 6M6368
(apparently concerning the 1984/85 MBR). The tenant alleges that
she received no such notice pursuant to the issuance of LC000092RU
or LC000092RP. The tenant thus concludes that the wrong room count
and wrong rental amounts were "most likely...uncorrected."
The Commissioner is of the opinion that this petition should
be denied.
The tenant did not allege an error of law or fact in the
Administrator's order. Rather, the tenant argues with the accuracy
of a previous notice of eligibility (the tenant made a similar
argument concerning the instant order below), and, based on the
alleged errors of the owner concludes that the D.H.C.R.'s records
are mistaken. The tenant's "argument" on appeal thus can be
dismissed as mere speculation by the tenant.
The Commissioner further notes that in the order under appeal
herein, the Administrator advised the tenant to file an update
complaint form. An examination of the tenant's submission reveals
an update complaint form is currently pending under docket number
GF420078UT.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, 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
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