CA 930197 RT
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.: CA 930197 RT
DISTRICT RENT ADMINISTRATOR
Various Tenants DOCKET NO.: YBG-8-1-0007/OM
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioners-tenants timely filed a Petition for
Administrative Review against an order issued on October 21, 1987
by Administrator, (White Plains) concerning the housing
accommodations known as One Vincent Road, Bronxville, New York,
various apartments.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to
the issue raised by the administrative appeal.
In their petition the tenants seek reversal of the
Administrator's order which determined that the tenants should
bear the full cost of the installation of smoke detectors,
asserting that the owner's application was previously rejected by
the Division since the installation was required by the City of
Yonkers General ordinance.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commissioner notes that the issue presented herein was
previously considered by the Commissioner pursuant to the owner's
filing an article 78 proceeding. The Commissioner previously
noted that the owner was required to installed the smoke
detectors under City of Yonkers General ordinance No. 6-1985
which is totally silent on the subject of whether or not the
owner was entitled to a rent increase adjustment. The
Commissioner found that the tenants were responsible for the cost
of the smoke detectors. Said proceeding was remanded to the
Administrator for further processing of the application on its
merits.
Accordingly, the Commissioner finds that the Administrator was
correct in determining that the tenants should reimburse the cost
($12.50 per unit) of the installation of the smoke detectors to
the owner.
THEREFORE, in accordance with the Tenant Protection Regulations
and State Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied,
CA 930197 RT
and that the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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