DHCR Decisions
Adm. Rev. Docket Number: EC 110416-RO
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 SJR NO. 5483
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF : DOCKET NO.: EC 110416 RO
:
PAMENAR REALTY, : DISTRICT RENT ADMINISTRATOR'S
: DOCKET NO.: BL 110337-OM
PETITIONER :
------------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On March 8, 1990 the above-referenced owner filed a petition for
administrative review of an order issued on February 13, 1990 by the
Rent Administrator, 92-31 Union Hall Street, Jamaica, New York,
concerning the housing accommodation known as 145-26 20th Avenue,
Whitestone, New York, in which order the Administrator had granted
the owner's request for a rental increase based on the completion of
a major capital improvement.
The owner later filed a petition, under Article 78 of the Civil
Practice Law and Rules, in which it requested the Supreme Court to
direct the above-referenced Division (the "DHCR") expeditiously to
issue a determination of the owner's administrative appeal. On
May 7, 1991, an order was signed by Justice H.A. Posner so directing
the Division.
This proceeding originated on December 15, 1987, when the owner
filed an application requesting the above-referenced rental
increase. Listed therein were four 3 1/2-room apartments. In
response to a subsequent request from the Administrator, the owner
submitted copies of the 1984 registration statements for the
building and its apartments; the Registration Summary listed four
apartments with a total of fifteen rooms, while the individual
statements for the apartments listed each as containing three rooms.
In the order here appealed, the Administrator divided the "Total
Approved MCI Cost" by 60 months for a total of $33.69, and divided
that figure by the "Total number of Rent Stabilized . . . Rooms: As
per Reg. 15", resulting in a monthly rental increase of $2.25 per
room. Arrears were then calculated by multiplying $2.25 by 21
months.
The instant petition attacks the latter result on the ground that
the building in question consists of four three-room apartments for
a total of twelve, not fifteen, rooms.
After careful consideration of the record herein, the Commissioner
is of the opinion that this petition should be granted.
Adm. Rev. Docket Number: EC 110416-RO
Although the initial registration for this building stated that it
contained fifteen rooms, the Commissioner will accept petitioner's
assertion that twelve is the correct number for the following
reasons, inter alia. (1) As stated above: (a) the application for
the subject increase stated that the building contained four
apartments of 3 1/2 rooms each (and it is the DHCR's policy to
disregard "half-rooms"); and (b) unlike the summary (building)
registration, the initial apartment registrations reflect a total of
twelve rooms. (2) DHCR records reflect that other summary
registrations for other buildings in the same housing complex as the
subject building, have been altered to change the number 15 to 12.
(3) The file herein contains no response by a tenant, contradicting
petitioner's assertion that the building has twelve rooms.
The Administrator's order must therefore be adjusted as follows.
The aforementioned $33.69 must be divided by 12 instead of 15,
yielding a per-room, per-month increase of $2.81. The 21-month
arrears total will be $59.01 per room.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is granted, and
the order of the Rent Administrator modified in accordance with the
foregoing.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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