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.: DD210398RT
DOCKET NO.: BC230225OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above named petitioner-tenant timely filed an administrative
appeal against an order issued on March 15, 1989, by the Rent
Administrator (92-31 Union Hall Street, Jamaica, New York)
concerning the housing accommodations known as 1327 46th Street,
Brooklyn, New York, wherein the Rent Administrator granted major
capital improvement (MCI) rent increases for the stabilized and
controlled apartments in the subject premises.
The owner commenced this proceeding by filing its MCI application
in March of 1987 based on the installation of new aluminum windows,
and a new boiler and burner.
In response to the application, the petitioner-tenant contended in
substance, that his rent had already been increased by $30.00 per
month for the window installation (6 windows x $5.00 per window)
when he moved into his apartment in January 1986, and therefore,
the MCI increase did not apply to him.
The owner confirmed the fact that the tenant was paying 1/40th of
the cost of the windows which were installed on an individual basis
for that apartment prior to the contract for the rest of the
building, that the tenant would not be charged for the window MCI.
The Administrator's order appealed herein authorized rent increases
for the new boiler, burner and windows, but exempted the tenant in
apartment 5C from the rent increase for the window installation.
On appeal, the petitioner-tenant contends, in substance, that the
windows in apartment 5C were installed just before he moved in,
during the same period as the other windows in the building, and
hence he should be charged the same amount as the other tenants;
and that he is being overcharged for the windows.
ADMIN. REVIEW DOCKET NO. DD210398RT
After a careful consideration of the entire evidence of record, the
Commissioner is of the opinion that this administrative appeal
should be denied.
Since the tenant did not challenge the propriety of the
Administrator's order, and only attacked the owner's right to
collect a separate rent increase for the windows, the tenant's
petition is denied. The Commissioner notes that the tenant's
petition is more in the nature of an overcharge complaint. The
determination herein is without prejudice to the right of the
tenant to file an overcharge complaint with this Division, if the
facts so warrant.
On the basis of the entire evidence of record, it is found that the
Administrator's order is correct and should be affirmed.
THEREFORE, in accordance with the applicable provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this administrative appeal be, and the same hereby
is, denied; and that the Administrator's order be, and the same
hereby is, affirmed.
Joseph A. D'Agosta