Adm. Review Docket Number: BJ 710231 RO
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 REVIEW
APPEAL OF : DOCKET NO.: BJ 710231 RO
:
SOLGAR COMPANY INC., : DRO DOCKET NO.: CBF 710039 R
:
PETITIONER-OWNER : TENANT: LAWRENCE LIEBERMAN
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 6, 1987, the above-named petitioner filed a timely
Petition for Administrative Review against an order issued on
September 2, 1987 by the Rent Administrator, 50 Clinton Street,
Hempstead, New York concerning the housing accommodation known as
236 Cedarhurst Avenue, Apartment 11-A, Cedarhurst, New York wherein
the Administrator determined that the owner was collecting more than
the lawful stabilized rent and directed its refund.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised in the administrative appeal.
This proceeding was commenced on June 9, 1987, when the tenant filed
a complaint of rent overcharge, alleging that the owner was
collecting an overcharge based on a granted MCI increase. The owner
had been granted a per window increase for the building-wide
installation of new windows. Tenant alleged that the owner was
overcharging by exceeding the allowable amount.
A copy of the complaint was sent to the owner who responded denying
the complaint.
On September 2, 1987, the Administrator issued the order here under
review, finding that the owner had collected rent in excess of the
total allowable amount and directed the owner to refund $24.80.
In the appeal, the owner contends that the underlying order granting
the MCI increase has been incorrectly interpreted. In the owner's
opinion, the order makes no distinction between windows in tenant's
apartments and windows in the common areas. The owner argues that
it is entitled to collect the per window amount for all windows in
order to recapture its cost by allocating the amount for the common
areas to each apartment.
The tenant did not answer this petition, although afforded the
opportunity to do so.
The Commissioner is of the opinion that this petition should be
denied.
The order granting the MCI increase limited the owner's recovery to
Adm. Review Docket Number: BJ 710231 RO
$2.62 per window i.e., the windows within each tenant's apartment.
The Administrator did not make a separate computation for the common
area windows; however, as is customary, the cost of these windows
has been accounted for in the total computation. That order
contains no language which would permit the owner to make its own
computation to gain an additional rent increase. Although the
petitioner is dissatisfied with the rent increase previously
granted, it neglected to appeal that order. In appealing the order
here under review, it may not collaterally seek to change the
previous order.
Accordingly, the Commissioner finds that the Administrator correctly
determined that the owner was collecting an overcharge.
THEREFORE, in accordance with the Emergency Tenant Protection Act
and the Tenant Protection Regulations, 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.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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