DOCKET NO.: BH 120061-RT
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 APPEAL
APPEAL OF DOCKET NO. BH 120061-RT
: DRO DOCKET NO. ZBA-120039-OT
IRENE STANDARD,
:
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 21, 1987, the above named petitioner-Irene Standard filed a
Petition for Administrative Review against an order issued on August 3,
1987, by the District Rent Administrator, Gertz Plaza, Jamaica, NY
concerning housing accommodations known as Apartment 1M at 28-30 34th
Street, Long Island City, NY wherein the Rent Administrator determined that
the owner was entitled to a consented to rent increase for the installation
of seven new primary windows.
The issue of this appeal is whether the tenant did indeed consent to the
increase, and whether the tenant's related complaint of reduction of
services is a bar to the subject rent increase.
The applicable section of the Rent and Eviction Regulations is Section
2202.5 NYCRR.
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 administrative appeal.
The owner (Vermyck Company) commenced this proceeding by filing an
application for increase of rent for consented to installation of seven new
primary windows.
In Order Number ZBA-120039-OI, the District Rent Administrator determined
that the installation of seven new primary windows constituted improvements
to the apartment resulting in the granting of an increase in the regulated
rent at $32.38.
In this petition, the tenant contends that the Rent Administrator's Order
is incorrect and should be modified because she contends that the new
windows only constitute regular building maintenance. The tenant further
alleges that when she signed the new window consent form, the landlord
alleged told her she would not have to pay an increase for the new windows.
The owner did not answer the tenant's petition for administrative review.
Tenant's statement that she was promised by the landlord that she would
DOCKET NO.: BH 120061-RT
receive no increase for the windows, while signing a form that clearly
called for an increase is not persuasive.
The tenant has in fact shown herself to be literate by her mailing to this
agency, both a clearly written petition and neatly typed supporting
statement. It is not credible that she would have signed a form addressed
to this agency consenting to a rent increase, without understanding that
said form would be submitted to this agency for just that purpose.
The installation of new thermal windows with tenant's written consent is an
improved service, appropriate for a rent increase, and would be even if the
landlord was motivated by a desire to remove a violation.
THEREFORE, in accordance with the Rent Control Law, Rent and Evictions
Regulations; and Operational Bulletin 84-4, it is
ORDERED, that this petition be, and the same hereby is, denied and the Rent
Administrator's order be, and the same hereby is affirmed.
NOTE: This Order and Opinion is issued without prejudice to any service
complaint that the tenant may have made or may make.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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