DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
------------------------------------X ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: CB430201RT
VARIOUS TENANTS OF 345
PETITIONERS DOCKET NO.: AJ410166OM
ORDER AND OPINION TERMINATING PROCEEDING AS MOOT
On February 9, 1988, the above-named petitioner-tenants filed a
petition for administrative review (PAR) of an order issued on
January 5, 1988, by the Rent Administrator, concerning the housing
accommodations known as 345 Riverside Drive A.K.A. 320 West 107th
Street, New York, NY, various apartments, wherein the Administrator
granted the owner's application for a rent increase which was based
on the installation of various major capital improvements (MCIs).
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
The owner commenced the instant proceeding by initially filing an
application for a rent increase predicated on the installation of
a sidewalk, oil burner/boiler, roof, elevator repairs, compactor
and copper piping at a total claimed cost of $164,950.00.
In Docket No. AJ410166OM, issued January 5, 1988, the Rent
Administrator partially approved the owner's MCI application by
authorizing a rent increase of $12.92 per room, per month, for all
rent controlled and rent stabilized apartments in the subject
building predicated on the installation of an oil burner/boiler ,
roof, compactor and copper piping, which work was found to qualify
as an MCI.
The Commissioner notes that the Rent Administrator reopened the
proceeding under Docket No. CE410004RP, reprocessed the owner's
application and then issued an order on October 3, 1989, modifying
Docket No. AJ410166OM by disallowing the cost of the boiler/burner
in response to tenant complaints, and in so doing, granted the
relief requested in this petition.
In view of the foregoing, the Commissioner is of the opinion that
ADMIN. REVIEW DOCKET NO. CB430201RT
the tenants' administrative appeal against the original decision of
the Administrator under Docket No. CB430201RT should be terminated
as moot. Any aggrieved party had the right to timely file an
administrative appeal against the order issued under Docket No.
CE410004RP within 35 days of its issuance and the Division's
records reveal that such a PAR was filed by the tenants and is
awaiting determination (Docket No. DK410121RT).
THEREFORE, in accordance with the applicable provisions of the Rent
Stabilization Law and Code and the Rent Eviction Regulations for
New York City, it is
ORDERED, that this petition be, and the same hereby is, terminated
LULA M. ANDERSON