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. CF610188RO
: DRO DOCKET NO.
Steven Finkelstein, B3101135R/T
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On June 20, 1988, the above-named owner filed a Petition for
Administrative Review against an order issued on May 18, 1988, by
the Rent Administrator, 92-31 Union Hall Street, Jamaica, New York,
concerning the housing accommodations known as 1075 Grand
Concourse, Bronx, New York, Apartment No. 6-0, wherein the
Administrator found an overcharge.
In making that finding pursuant to the tenant's overcharge
complaint, the Administrator did not include in his calculations,
any lawful rental increase based on the installation of a "major
capital improvement" as defined in the Rent Stabilization Law and
Code ("MCI" herein).
Asserting that such an increase was in fact granted, the instant
petition cites its absence from the Administrator's order as
causing an erroneous finding of overcharge. Appended is a copy of
a 1982 opinion of the Conciliation and Appeals Board (predecessor
of this Division), granting an MCI-based increase (of 8.21%)
effective March 19, 1981.
The record contains no tenant's answer to the petition.
The Commissioner is of the opinion that this petition should be
The aforementioned opinion of the Conciliation and Appeals Board,
having become part of this Division's records, must be taken
cognizance of by the Commissioner. The rental increase permitted
due to the MCI, when incorporated in the Administrator's
calculations, eliminates any finding of overcharge.
If the owner has already complied with the Rent Administrator's
order and there are arrears due to the owner as a result of the
instant determination, the tenant is permitted to pay off the
arrears in 24 equal monthly installments. Should the tenant vacate
after the issuance of this order or have already vacated, said
arrears shall be payable immediately.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, granted,
and that the order of the Rent Administrator, be, and the same
hereby is revoked. Through May 31, 1988, there was no rent
JOSEPH A. D'AGOSTA