CF410101RO
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. CF410101RO
Andrew Hoffman, District Rent Office
Docket No. 050408
Premises: 445 West 23rd Street
Apt 9C
New York, NY
PETITIONER
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ORDER AND OPINION TERMINATING PROCEEDING
The above named petitioner filed a Petition for Administrative Review of
an order issued by the Tenant Objection Unit terminating the tenant's
objection to the room count reported by the owner on the initial
apartment registration statement.
The Rent Stabilization Law and Code do not contain any provisions
pursuant to which a successful challenge to the room count of a housing
accommodation would constitute, by itself, a basis for a finding of
overcharge or other rental violation.
Under the Rent Stabilization Code, the rent charged for a housing
accommodation may be affected by the size/number of rooms of such
accommodation only when there are Major Capital Improvement (MCI) rent
increases issued by DHCR computed on a per room basis.
Accordingly, any challenge to the room count of a housing accommodation
will only be addressed during such proceeding where it would directly
affect the computation of the rent increase.
Accordingly, the Commissioner is of the opinion that it is unnecessary
to decide the issue raised in this appeal.
The proceeding, therefore, is terminated without prejudice to the tenant
raising the issue as part of a pending or future MCI proceeding in which
the tenant wishes to challenge the number of rooms assigned to the
apartment for purpose of allocating the MCI.
CF410101RO
THEREFORE, in accordance with the provisions of the Rent Stabilization
Law and Code, it is
ORDERED, that this proceeding be, and the same hereby is, terminated.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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