STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 7, 1988, the above-named petitioner-tenant filed a
petition for administrative review of an order issued on February
29, 1988, by the Rent Administrator, concerning the housing
accommodation known as 1675 East 18th Street, Apt. B-1, Brooklyn,
N.Y., wherein the Administrator denied a rent reduction upon
removal of the tenant's air conditioner from the window, and
allowed a $2.00 per month charge to remain in effect.
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 administrative appeal.
The proceeding was commenced by the filing of a complaint of
decrease in services dated June 26, 1989, alleging that the
tenant's air conditioner was voluntarily removed after installation
of new windows. However, the air conditioner charge of $2.00 per
month was not removed. The Administrator denied relief under
Section 2202.16 of the Rent and Eviction Regulations.
In the PAR, the tenant contends that although a 1991 Order
Adjusting Maximum Rent provides that the air conditioner charge
will remain in effect until the tenant vacates the apartment,
removing the air conditioner from the window should be considered
the same thing.
The Commissioner is of the opinion that the petition should be
The October 20, 1991 Order Adjusting Maximum Rent allows the $2.00
charge to remain in effect until the tenant vacates. Thus, the
charge is in effect whether or not the tenant avails herself of the
THEREFORE, in accordance with the New York City Rent Law and the
Rent and Eviction 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.
JOSEPH A. D'AGOSTA