DOCKET NO.: BJ410227RT
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 : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. BJ410227RT
: DISTRICT ADMINISTRATOR'S
DOROTHY FLOYD, DOCKET NO. ZU3123269R/T
ORDER AND OPINION DENYING PETITION
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
The above-named tenant filed a timely petition for administrative
review of an order issued concerning the housing accommodations known
as 505 West 142nd Street, Apt. 332, New York, NY.
The Administrator's order found inter alia that the Maximum
Collectible Rent (MCR) for the subject apartment was $318.30 per
month, effective January 1, 1980, and $375.00 per month, effective
October 10, 1981.
On appeal, the tenant maintains that her monthly rent "went from
$225.00 per month to $318.38 per month in 1986". As evidence of this
contention the tenant submits two cancelled checks, written by the
tenant to the owner, ostensibly for rent payment. One check, dated
October 29, 1982 is for $225.00, and the other check, dated March 21,
1986 is for $318.38.
On appeal, the tenant also reiterates her allegation, originally made
below that she never received a rental history (apparently an RN-26
form) of the apartment. The tenant also alleges that there was a fire
in the building, and the subject apartment was not repaired to the
extent that other apartments in the subject building were.
The Commissioner is of the opinion that this petition should be
The Commissioner is of the opinion that a discrepancy in amount
between two checks both submitted in payment of monthly rent, such 2
payment dates separated by approximately 31/2 years is insufficient
evidence to prove error by the Administrator in this case. Other
records on file with the D.H.C.R. confirm that the Administrator's
DOCKET NO.: BJ410227RT
finding reflects the true legal rent of the subject apartment.
Tenant's complaint of inadequate repairs to her apartment following a
fire cannot be considered by the Commissioner on appeal. The tenant
is advised to file a complaint of reduction(s) in service, if the
facts so warrant.
THEREFORE, in accordance with the provisions of the Rent and Eviction
Regulations, it is
ORDERED, that this proceeding be, and the same hereby is, remanded to
the Administrator for further processing.
JOSEPH A. D'AGOSTA