DOCKET NO.: DD 420068-RO
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 APPEAL
APPEAL OF DOCKET NO. DD 420068-RO
: DRO DOCKET NO. ZAI-4200830-OI
54 SATELLITE CO./M. ROBERTSON
c/o BUCHBINDER & WARREN,, :
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 11, 1989, the above-named petitioner filed a Petition for
Administrative Appeal against an order issued on April 14, 1989 by the
Rent administrator, 92-31 Union Hall Street, Jamaica, New York, concerning
the housing accommodations known as 350 East 54th Street, Apt. 6H, New
The Administrative Appeal is being determined pursuant to the provisions
of 9 NYCRR 2202.4 of the Rent and Eviction Regulations.
The issue herein is whether the Administrator was correct in denying the
owner's application for a second rent Increase for replacing a
refrigerator one month after installing it as an increased service with
The District Rent Administrator's order, appealed herein, denied the
owner's second application as an increase had already been granted on the
owner's first application under docket #420021-OI.
The owner at the time he filed his second increased service application on
September 5, 19866 under docket #ZAI-420082-OI asked that his first
application dated July 31, 1986 be withdrawn. The owner's explanation for
the withdrawal of the original application was that the first replacement
refrigerator did not fit the existing kitchen space.
The owner with tenant consent therefore purchased a second replacement
refrigerator (different brand with same interior cubic space but
apparently different outside dimensions). The two replacement
refrigerators were close in cost.
The Rent Administrator did not act on the owner's application to withdraw
the first application for a rent increase. Instead the first application
was granted, on April 30, 1987 resulting in $8.00 rent increase.
The second application was accordingly denied as duplicate in nature on
April 4, 1989.
Considering the similarity in capacity of the two replacement
DOCKET NO.: DD 420068-RO
refrigerators, the Rent Administrator is found to be correct in granting
the first increased service application, and denying the second as
duplicate in nature.
The tenant never protested the original $8.00 increase under docket # ZAH
420021-OI. Accordingly the rent administrator acted reasonably in denying
the second application for a rent increase for the same improved service.
THEREFORE, in accordance with the provisions of the Rent and Eviction
Regulation of New York City, the Tenant Protection Regulations, it is
ORDERED, that the rent administrator's order be, and the same hereby is
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner