Docket No. CE 610297-RO
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.: CE 610297-RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
Powers Equities, Inc. NO.: ZBG 610204-OI
Premises:2199 Holland Ave.
Apt.1B, Bronx, NY
PETITIONER
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ORDER AND OPINION REMANDING PROCEEDING
The above-named owner filed a timely petitin for administrative
review of an order issued concerning the housing accommodations
described above.
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 owner commenced these proceedings by filing an Application
for Rent Increase with the Administrator. The owner thereby
requested a $10 per month rent increase based on the tenant's
installation of two air conditioners in the subject apartment.
A DHCR inspector visited the premises, and reported the
existence of one air conditioner extending beyond the building
line.
On the basis of the inspector's findings the Administrator
granted the owner a $5 per month rent increase.
On appeal, the owner reiterated its reasons for originally
requesting a rent increase.
The Commissioner is of the opinion that this proceeding should
be remanded to the Administrator.
An examination of the record reveals that, on the Application
the owner originally requested a $5.00 per month rent increase
based upon the fact that "tenant installed air conditioner".
However, the "$5.00" was crossed out and "$10.00" was written in.
Similarly, in the phrase "tenant installed air conditioner", the
word "two" was inserted between "installed" and "air", and the
letter "s" was added to the word "conditioner". This examination
Docket No. CE 610297-RO
also reveals that the inspector was directed to "check see if air
conditioner extends beyond the building line and the
Administrator's order was issued pursuant to such a finding.
The Commissioner is thus of the opinion that the Administrator
failed to consider the existence of the second air conditioner in
finding for a rent increase for the owner. The Commissioner thus
orders that this proceeding be remanded to the Administrator for
further consideration, specifically to determine the existence of
the alleged second air conditioner. Upon confirmation of the
existence of the alleged second air conditioner the Administrator
is directed to determine whether or not the second air conditioner
extends beyond the building line, and to reissue its order
accordingly.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Code, it is
ORDERED, that this proceeding be, and the same hereby is,
remanded, to the Administrator for further consideration.
ISSUED:
Joseph A. D'Agosta
Acting Deputy Commissioner
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