Docket No. CG410012RT
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.: CG410012RT
Therese A. Trzcinski NO. 7MBC00187M(7MI07365M)
Premises: 446 W. 49th St.,
Apt. 3B, N.Y., NY
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 446 West 49th Street, Apt. 3B, New York,
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant to
the issues raised by the petition.
The issue in this proceeding is whether the Administrator's
order was correct.
The order being appealed herein affirmed the underlying Interim
Order of Eligibility, found that the owner had met the prescribed
violation certification requirements, and, directed the tenant to
file form A-1 to resolve questions about the Maximum Base Rent
On appeal, the tenant argues that the owner incorrectly
combined the fuel cost with the rent, and presented her with one
total due on her rent bill. The tenant also alleges an overcharge.
The Commissioner is of the opinion that this petition should be
To be considered by the Commissioner a Petition for
Administrative Review must allege an error in law or fact in the
Administrator's order. The tenant does not make such an allegation
in the instant proceeding. The tenant's appeal concerns the actual
amount of the MBR for her apartment and the amount of rent actually
charged her by the landlord. The order being appealed merely
Docket No. CG410012RT
established that the owner was elligible for MBR increases for the
subject building as a whole. Individual rents were not established
or affirmed by the Administrator's order.
This order is without prejudice to the tenant's right to file
an overcharge complaint if the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
Joseph A. D'Agosta