DOCKET NO.: BG210233RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE :
APPEAL OF ADMINISTRATIVE REVIEW
: DOCKET NO. BG210233RT
EMANUEL SMALL, DISTRICT RENT ADMINISTRATOR'S
: DOCKET NO. AI220043R
ORDER AND OPINION TERMINATING PROCEEDING
On July 9, 1987, the above-named tenant filed a petition for administrative
review of an order issued on June 22, 1987 by a Rent Administrator
concerning housing accommodations known as Apartment E-6, 320 Ocean Parkway,
Brooklyn, New York.
The Commissioner has reviewed all of the evidence in the record and has
carefully considered that portion of the record relevant to the issues
raised by the petition for review.
This proceeding was commenced by the subject tenant filing a "Statement of
Violations," which alleged that the subject landlord had incorrectly
registered the tenant's 1986 rent.
In the order under review herein, the Administrator determined, among other
things, that the subject tenant's maximum rent effective on January 1, 1986
was $301.85 per month; that the tenant maximum rent effective on February 3,
1986 was $342.30 per month, and that the subject tenant's maximum rent
effective on January 1, 1987 was $367.97 per month.
The subject tenant's petition asserts that the Administrator in establishing
the maximum rent did not take into account the rent agency's Order issued on
August 14, 1986, under Docket No. KC003075S, which reduced the subject
tenant's maximum rent by $4.00 per month, effective on the first rent
payment day after the issuance of the above-mentioned order. As a result,
the tenant asserts, that the maximum rent effective on January 1, 1987
should be $365.91 per month, and not $367.97.
After careful consideration, the Commissioner is of the opinion that this
proceeding should be terminated.
The Commissioner notes that by a subsequent order issued on May 23, 1988 by
the District Rent Administrator under Docket No. BF220611R, the subject
apartment's maximum rent was listed as follows:
DOCKET NO.: BG210233RT
Effective Date Maximum Rent
January 1, 1983 $320.35
January 21, 1985 $279.90
January 1, 1986 $300.89
February 3, 1986 $341.34
August 14, 1986 $337.34
January 1, 1987 $366.64
The record reflects that there was no petition for administrative review of
the above-mentioned Administrator's order (Docket No. BF220611R).
The Commissioner finds that the Administrator's order under Docket No.
BF220611R is a final determination of the rent agency. The Commissioner
further finds that Docket No. BF220611R supersedes the Administrator's order
under review herein.
Accordingly, the Commissioner is of the opinion that the instant proceeding
should be terminated as moot.
THEREFORE, in accordance with the City Rent and Rehabilitation Law and the
Rent and Eviction Regulations, it is
ORDERED, that this proceeding be, and the same hereby is, terminated.
Acting Deputy Commissioner