Docket No.:CB 220312-RO
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. CB 220312-RO
NO. BH 220088-OI
P.S.M. Building Company
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On February 1, 1988, the above-named landlord filed a petition
for administrative review of an order issued on January 21, 1988 by
a District Rent Administrator concerning the housing accommodation
known as Apartment 10, 395 East 16th Street, Brooklyn, New York.
The Commissioner has reviewed all of the evidence in the record
relevant to the issues raised by the petition for review.
This proceeding was commenced by the landlord's filing an
application, dated August 19, 1987, for a rent increase based on
improvements to the subject apartment.
The application states that the following items were installed
in the subject apartment with the consent of the subject tenant:
1) New bathroom for $2,025.50;
2) New stove for $367.35, and
3) New windows for $672.00.
On December 2, 1987, the Administrator mailed to the subject
landlord a notice requesting that it submit copies of bills and
cancelled checks for the aforementioned items.
On December 21, 1987, the landlord submitted copies of three
invoices indicating that the aforementioned items were paid for in
full by cash.
In the order under review herein, the Administrator increased
Docket No.:CB 220312-RO
the subject apartment's maximum rent by $45.00 per month for the
improvements done to the subject apartment.
In its petition the landlord asserts that the cost of the
improvements to the subject apartment was $3,064.85, and that
1/40th of that amount is greater than $45.00 per month.
After careful consideration, the Commissioner is of the opinion
that the landlord's petition should be granted. As the landlord
submitted the proper documentary evidence as set forth in Policy
Statement (90-10) for proving individual apartment improvement
costs, e.g., invoice receipts marked paid in full, the Commissioner
finds that the Administrator should have increased the subject
apartment's maximum rent by 1/40th of $3,064.85.
Accordingly, the Commissioner finds that the subject
apartment's maximum rent should be increased by $76.62 per month,
effective on February 1, 1988.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City, it is
ORDERED, that this petition be, and the same hereby is,
granted, and that the Administrator's order be, and the same hereby
is, revoked; and it is
FURTHER ORDERED, that the subject apartment's maximum rent
shall be increased by $76.62 per month, effective February 1, 1988;
and it is
FURTHER ORDERED, that pursuant to Section 2202.24 of the City
Rent and Eviction Regulations, if the owner has complied with the
Administrator's order, and as a result of the instant determination
there are arrears due to the landlord from the tenant, the tenant
may pay off the arrears in sixty equal installments during the next
sixty months. Should the tenant vacate after the issuance of this
order, all arrears are due immediately.
Joseph A. D'Agosta
Acting Deputy Commissioner