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 ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: BJ110135RT
APPEAL OF
ISHMAEL RIVERA
RENT ADMINISTRATOR'S
DOCKET NO.: ZAD110083OM
PETITIONER
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ORDER AND OPINION TERMINATING PETITION FOR ADMINISTRATIVE REVIEW
On October 13, 1987, the above named petitioner-tenant timely filed
a petition for administrative review (PAR) against an order issued
on September 8, 1987, by a Rent Administrator concerning the
housing accommodations known as 41-40 Denman Street, Apt. 4J,
Elmhurst, New York, wherein the Rent Administrator determined that
the owner was entitled to a rent increase based on the installation
of a major capital improvement (MCI).
On appeal, the petitioner does not allege any errors upon which the
Rent Administrator's order is based. The petitioner instead
submits a copy of a rent bill on which the owner applied the MCI
rent increase to the tenant's rent.
Since the petitioner has merely submitted a copy of the payment
schedule distributed by the owner pursuant to the order herein
without mentioning a grievance, there is no issue to be determined
at this time.
In light of the foregoing, the Commissioner is of the opinion that
the instant proceeding should be terminated.
ADMIN. REVIEW DOCKET NO. BJ-110135-RT
The Commissioner deems it appropriate to note that this order and
opinion is issued without prejudice to the tenant's right to file
a rent overcharge complaint with the Division if the tenant
believes the owner is charging a rent in excess of the lawful
stabilized amount.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Code, it is
ORDERED, that this administrative appeal proceeding be, and the
same hereby is, terminated.
ISSUED:
____________________
Joseph A. D'Agosta
Deputy Commissioner
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