Docket No. CB 810274-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 810274-RO
NO. AL 8-2-0022-AN
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 9, 1988, the above-named owner filed a petition for
administrative review of an order issued on January 11, 1988 by a
District Rent Administrator concerning the housing accommodation
known as Apartment C-22, 7 Field End Lane, Eastchester, New York.
The Commissioner has reviewed all of the avidence in the record
and has carefully considered that portion of the record relevant to
the issues raised by the administrative appeal.
This proceeding was commenced by the owner filing an "Owner's
Sixty-Day Notice of Maximum Rent Adjustment and Certification of
Unavoidable Increased Costs of Operation With No Increase In
Maximum Rent For Past Two Year Period," dated December 8, 1987.
The owner requested that the maximum rent be increased from $352.44
per month to $378.87 for the first year, and from $378.87 per month
to $407.29 per month for the second year.
To the application the owner attaches a newsletter from the
subject building's Co-op Board, from December 1987-January 1988,
which stated that "the Board has voted to increase monthly
maintenance fees by five percent effective January 1." The
newsletter noted that the maintenance charges of the subject owner
would be increased to $349.16 per month.
The tenant's response to the owner's application noted that she
resided at the subject apartment since Feburary 1971, and that her
apartment is subject to rent control. The tenant also alleged that
the subject owner was paying $332.34 per month in maintenance fees
for four years prior to the building's Board of Directors
increasing it to $349.16 per month, and that the rent increase
requested by the subject owner is an "exhorbitant" (sic) amount in
Docket No. CB 810274-RO
comparison to the monthly maintenance fees paid by the subject
In the order under review herein, the Administrator increased
the maximum rent from $352.44 per month to $370.06 per month,
effective march 1, 1988 through "February 29, 1990" (sic), which
was a 5% increase in the monthly maximum rent.
In this petition, the owner asserts that the monthly maximum
rent should be increased from 5% to 7 1/2%, and that the increase
granted in this proceeding is not "in keeping with the rental
market or my investment."
After careful consideration, the Commissioner is of the opinion
that the owner's petition should be denied.
As the owner's monthly maintenance fee was only increased by
5%, and that the owner did not submit any proof that her operating
costs had increased by 7 1/2%, the Commissioner finds that the
Administrator's order should not be disturbed.
As the issue in this proceeding is the increase in the maximum
rent due to an increase in the owner's operating expenses, the
Commissioner finds that the owner's allegation that the increase in
the maximum rent that was granted by the Administrator "is not in
keeping with the rental market or my investment," is not a relevant
issue in this proceeding.
Accordingly, the owner's petition should be denied.
THEREFORE, in accordance with the Emergency Tenant Protection
Act of 1974, and the State Tenant Protection Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied,
and that the Rent Administrator's order be, and the same hereby is,
Joseph A. D'Agosta
Acting Deputy Commissioner