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.DC110201RO
Subraj Associates : DRO DOCKET NO.ZAA100699R
TENANT: Julius Carter
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 9, 1989, the above-named petitioner-owner filed a petition
for Administrative Review against an order issued on February 16,
1989 by the Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York concerning the housing accommodation known as 88-05
Merrick Boulevard, apartment 9G, Jamaica, New York wherein the
Administrator denied the overcharge application.
The Commissioner has examined all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised in the administrative appeal.
The tenant commenced this proceeding on January 24, 1986 by filing
an overcharge complaint based upon alleged decreases in service.
In response, the owner submitted 1) evidence that the subject
apartment was registered and 2) leases from October 16, 1984
through October 31, 1986.
Since the evidence indicated that there was no overcharge, the
Administrator issued the order herein appealed which terminated the
In its appeal, the owner contends that the order fails to take into
account all legally permitted increases, including a vacancy
allowance and should be modified to reflect such increases.
In response, the tenant contends that the owner is not entitled to
any increases so long as there are outstanding service complaints.
The Commissioner is of the opinion that this petition should be
Review of the record reveals that the owner failed to take a
vacancy increase when the tenant first took possession and failed
to provide for such vacancy allowance in the tenant's vacancy
lease. Therefore, the owner is regarded as having waived the
increase. Accordingly the Rent Administrator's order was warranted
and correctly listed the lawful stabilization rents of the subject
With respect to the tenant's assertions as to decreases in service,
it is noted that the order is issued without prejudice to any
complaint the tenant may file for a rent decrease based upon a
decrease in service.
Because this order concerns rents only through October 31, 1986,
the owner is directed to adjust all subsequent rents in conformance
with this order plus any lawful increases.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
OREDERED, that this petition be and the same hereby is, denied and
the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA