Docket No. BL210340RO
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. BL210340RO
William Dudan, NO. BF210030OI
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN
On December 30, 1987, the above-named landlord timely filed a
petition for administrative review of an order issued on November
9, 1987 by the District Rent Administrator, concerning housing
accommodations known as Apartment 3, 183 Washington Park, Brooklyn,
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 by the petition for review.
This proceeding was commenced by the subject landlord filing an
application, dated June 12, 1987, for a rent increase based on the
subject tenant installing an air conditioner in the subject
apartment in June, 1986. The landlord's application indicated that
the cost of electricity has been included in the rent.
On September 17, 1987 the subject tenant filed an answer to the
landlord's application which asserted, among other things, that the
air conditioner is used minimally, and that there has been a
diminution of services in the subject apartment.
In the order under review herein, the Administrator determined
that the air conditioner protuded past the building line, and that
the subject apartment's maximum rent was to be increased by $5.00
per month, effective on the first rent payment day after the
issuance of the Administrator's order.
The landlord's petition asserts that as the cost of electricity
has been included in the tenant's rent the tenant's rent should had
been increased by $18.26 per month, pursuant to the Annual update
Docket No. BL210340RO
of Section B of Supplement No. 1 to Operational Bulletin 84-4.
The subject tenant's answer, dated March 2, 1988, asserts,
among other things, that there has been a diminution of services in
the subject premises, and that the $5.00 per month rent increase
"is more than enough since the landlord can only claim to provide
electricity to my single room occupancy apartment."
After careful consideration, the Commissioner is of the opinion
that the landlord's petition should be granted in part.
The Commissioner notes that it is undisputed by the parties to
this proceeding that the cost of electricity has been included in
the rent, and that the subject tenant installed an air conditioner
in the subject apartment in June, 1986.
As the Administrator's order was issued on November 9, 1987,
the Commissioner finds that the "Second Annual Update of Section B
of Supplement No.1. To Operational Bulletin 84-4," is the initial
Operational Bulletin applicable in this proceeding. Pursuant to
the above-mentioned Operational Bulletin, where the subject tenant
has installed an air conditioner, and that the cost of electricity
has been included in the tenant's rent, the Commissioner finds that
the subject landlord may collect an increase in rent of $17.45 per
month ($209.39 per annum), effective from the first rent payment
day after the issuance of the Administrator's order through
September 30, 1988.
The Commissioner notes that the amount the subject landlord may
charge the subject tenant changes annually, pursuant to the rent
agency's applicable Operational Bulletins. The subsequent amounts
that the subject landlord may charge the subject tenant for having
an air conditioner where the cost of electricity is included in the
rent is as follows:
Effective dates Per Annum Per Month
Oct. 1, 1988-Sept. 30, 1989 $195.26 $16.27
Oct. 1, 1989-Sept. 30, 1990 $205.80 $17.15
Oct. 1, 1990-Sept. 30, 1991 $224.53 $18.71
Oct. 1, 1991-Sept. 30, 1992 $220.49 $18.37
Oct. 1, 1992-Sept. 30, 1993 $197.71 $16.48
As to the tenant's allegation of diminution of services in the
subject apartment, the Commissioner finds that that is a collateral
issue to this proceeding, and that the subject tenant's remedy is
to file a complaint with the rent agency for a reduction in rent
due to a diminution of services.
Docket No. BL210340RO
Accordingly, the Commissioner finds that the Administrator's
order should be modified in accordance with this order and opinion.
THEREFORE, in accordance with the provisions of the City Rent
and Rehabilitation Law and the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, granted
in part, and that the Administrator's order be, and the same hereby
is, modified in accordance with this order and opinion; and it is
FURTHER ORDERED, that pursuant to Section 2202.24 of the City
Rent and Eviction Regulations, if the landlord has complied with
the Administrator's order, and as a result of the instant
determination there are arrears due to the landlord from the
subject tenant, the subject tenant may pay off the arrears in
sixty four equal installments during the next sixty four months.
Should the subject tenant vacate after the issuance of this order,
all arrears are due immediately.
Joseph A. D'Agosta
Acting Deputy Commissioner