STATE OF NEW YORK
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.: DK430238RT
PETITIONER DOCKET NO: BG410123OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 24, 1989, the above named petitioner - tenant timely
refiled a petition for administrative review (PAR) against an order
issued on September 28, 1989, by a Rent Administrator (Gertz Plaza)
concerning the housing accommodations known as 506 East 13th
Street, New York, New York wherein the Rent Administrator
determined that the owner was entitled to a rent increase based on
the installation of a major capital improvement (MCI).
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by this administrative appeal.
The owner commenced this proceeding on July 23, 1987, by initially
filing an application for a rent increase based on the installation
of a new boiler/burner at a cost of $20,000.00.
Two tenants responded to owner's application without making
specific complaints about the boiler/burner installation.
On September 28, 1989, the Rent Administrator issued the order here
under review finding that the installation qualified as an MCI,
determining that the application complied with the relevant laws
and regulations based upon the supporting documentation submitted
by the owner, and allowing rent increases for rent controlled and
rent stabilized tenants.
In this petition the tenant contends, in substance, that the order
incorrectly stated that the amount of the retroactive increase
encompasses 27 months instead of 21 months.
After careful consideration of the entire record, the Commissioner
is of the opinion that this petition should be denied.
Adm. Rev. Docket No. DK430232RT
Section 2522.4(a) of the Rent Stabilization Code computes the
retroactive increase (which only rent stabilized tenants are
required to pay) as the rent increase from the effective date,
which is the first payment date one month after the date of the
certi- fication of service of the owner's application on the
tenants (December 1, 1987 in the instant case) to the collectible
date, which is the first rent payment date after issuance of the
Administrator's order ( October 1, 1989 in the instant case).
Based upon the foregoing, with respect to the rent stabilized
apartments, the Commissioner has determined that the lawful re-
troactive rent increase to be the following:
$2.61 (rent increase) X 22 months = $57.42 per room
The Commissioner notes that $57.42 per room is the amount of the
retroactive increase stated on the Administrator's order although
the number of months included in the retroactive increase was
mistakenly typed as 27 months instead of 22 months. Since the
clerical error has not materially altered the Rent Administrator's
order, the tenant's petition is denied. However, the
Administrator's order shall be modified to correct said error.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is
modified to correct the clerical error as provided herein above. In
other respects, said order of the Rent Administrator is hereby
JOSEPH A. D'AGOSTA