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
-------------------------------------X ADMINISTRATIVE REVIEW
IN THE MATTER OF THE ADMINISTRATIVE DOCKET NO.: DG210238RT
APPEAL OF
BEENA PATHAK,
RENT ADMINISTRATOR'S
DOCKET NO.: CA230056OM
PETITIONER
-------------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above named petitioner-tenant timely filed a petition for
administrative review (PAR) against an order issued on July 5,
1989, by the Rent Administrator (Gertz Plaza) concerning the
housing accommodations known as 1412 Ocean Avenue, Brooklyn, New
York, apartment 5C, wherein the Rent Administrator granted major
capital improvement (MCI) rent increases for the controlled and
stabilized apartments in the subject premises based upon the
installation of new windows at the premises.
In this Petition for Administrative Review, the petitioner-tenant
does not question the installation but requests that the
Administrator's order be reversed since the windows were installed
prior to her occupancy and the increase was already reflected in
her initial rent.
In response to the tenant's petition, the owner filed an answer
stating, in substance, that it did not charge the tenant the MCI
rent increase.
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that this administrative appeal
should be granted.
In view of the owner's admission that the cost of the windows is
already included in the stabilized rent of apartment 5C, the
Commissioner finds that this petition should be granted; that the
Administrator's order should be modified to indicate that the
tenant of apartment 5C is exempt from the rent increase for said
windows; and that all future tenants of apartment 5C are exempt
from said increase.
ADMIN. REVIEW DOCKET NO. DG-210238-RT
This determination is issued without prejudice to the right of the
tenant herein to file an appropriate complaint of rent overcharge
with the Division, if the facts so warrant
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is granted;
that the Rent Administrator's order be, and the same hereby is,
modified, as provided hereinabove; and that as so modified, the
Rent Administrator's order be, and the same hereby is, affirmed.
ISSUED:
____________________
Joseph A. D'Agosta
Deputy Commissioner
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