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.: BL410130RT;
APPEAL OF CB610259RT
JANIE MARTIN AND NILSA SANTIAGO,
RENT ADMINISTRATOR'S
PETITIONERS DOCKET NO.: AC530239OM
------------------------------------X
ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
On various dates, the above-named petitioner-tenants filed
petitions for administrative review (PARs) of an order issued on
November 27, 1987, by the Rent Administrator, concerning the
housing accommodations known as 1 Adrian Avenue, Bronx, New York,
Apartments 1G and 5A, wherein the Administrator granted the owner's
application for a rent increase which was based on the installation
of a major capital improvement (MCI).
The Commissioner deems it appropriate to consolidate these
petitions for disposition since they pertain to the same order and
involve common issues of law and fact.
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 these administrative appeals.
The former owner commenced the instant proceeding by initially
filing an application for a rent increase predicated on the
installation of a boiler/burner at a total cost of $40,000.00.
In Docket No. AC530239OM, issued November 27, 1987, the Rent
Administrator issued the order here under review, approving the
owner's MCI application by authorizing a rent increase of $4.25 per
room, per month for all rent controlled and rent stabilized
apartments in the subject building.
In her petition, the tenant of apartment 5A contends, in substance,
that the owner is attempting to collect a lump sum payment for the
MCI increase amounts covering the period prior to issuance of the
Rent Administrator's order, in violation of the order and Section
2522.4 (8) of the Rent Stabilization Code.
In response to the petition, the owner contends that the tenant
ADMIN. REVIEW DOCKET NO. BL410130RT
failed to serve him and as such the petition is without merit; and
the tenant has conceded to the owner's request for this payment and
increase.
In her petition, the tenant of Apartment 1G contends, in substance,
that the MCI increase granted by this order will cause her rent to
exceed 1/3 of her monthly income.
The owner did not respond to the tenant's petition, although
afforded an opportunity to do so.
After a careful consideration of the entire record the Commissioner
is of the opinion that these petitions should be denied. The
Commissioner notes that neither petitioner challenged the propriety
of the Administrator's order and only attacked the owner's methods
of collection and the owner's right to collect the rent increase.
In accordance with the applicable provisions of the Rent
Stabilization Law and Code, collection of the rent increase granted
under Docket No. AC530239OM is limited to and shall not exceed 6%
of the rent charged on the February 1986 rent roll date in any
twelve month period with a similar limitation on the collection of
temporary arrears, with any overage collectible in succeeding years
subject to the same limitation on collectibility.
As to the contention of the tenant of Apartment 5A, that the owner
requested payment on demand of full retroactive arrears, the
limitations of the order, as well as Section 2522.4(a)(8) of the
Code provide, in pertinent part, that in no event shall more
than one 6% increase in the legal regulated rent be collected in
the same year for the permanent, prospective rent increase, and no
more than an additional 6% increase for the temporary retroactive
portion for such increase be collectible in the same year. With
regard to the tenant's claim that the owner's demand exceeds the 6%
annual limitation, the Commissioner notes that the Rent
Administrator's order limits the collectibility of the increase to
6% per year for the permanent, prospective rent increase and no
more than an additional 6% increase for the temporary retroactive
portion of such rent increase. If the owner is attempting to
collect more than the allowable amount, the tenant need not pay the
overage and the tenant's remedy is to file an overcharge complaint.
This order and opinion is issued without prejudice to the tenant's
right to file a complaint of rent overcharge, if the facts so
warrant.
As to the contention of the tenant of Apartment 1G, that the rent
increase granted by this order will cause her rent to exceed 1/3 of
her monthly income, a tenant who has a valid Senior Citizen Rent
Increase Exemption order (SCRIE) is exempted from that portion of
the increase which would cause the rent to exceed 1/3 of the
ADMIN. REVIEW DOCKET NO. BL410130RT
tenant's household monthly disposable income. A tenant who may be
entitled to this benefit may contact the New York City Department
of the Aging by calling (212) 240-7000.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that these petitions be, and the same hereby are denied;
and that the order of the Rent Administrator be and the same hereby
is, affirmed.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
|
