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




     --------------------------------------X
     IN THE MATTER OF THE ADMINISTRATIVE   :   ADMINISTRATIVE APPEAL
     APPEAL OF                                 DOCKET NO. BH 120061-RT
                                           :   DRO DOCKET NO. ZBA-120039-OT
              IRENE STANDARD,                  
                                           :   
                            PETITIONER         
     --------------------------------------X   

          
           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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