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 REVIEW
APPEAL OF DOCKET NO.:
PETITIONER DE 430037-OM
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 11, 1990, the above-named petitioner-tenant, filed a
Petition for Administrative Review against an order of the Rent
Administrator issued November 28, 1990. The order concerned
housing accommodations, known as Apartment 5-G, located at 141
East 81st Street, New York, New York. The Administrator granted
a rent increase based on the installation of major capital
The Commissioner has reviewed the record and carefully con-
sidered that portion of the record relevant to the issues raised
by this appeal.
The tenant commenced this proceeding by filing an application on
May 5,1989 for a major capital improvement. The installation was
a new intercom and security system at a total cost of $41,810.00.
The owner served a copy of the application on each tenant and
afforded each tenant an opportunity to respond. The petitioner
herein responded and asserted that her apartment is registered as
having 3 rooms but actually has only two rooms and that she
should not be charged for the entire security system since part
of it views the garage which is not part of her leasehold.
The owner replied and stated that as a result of an objection to
the 1984 registration filed by the tenant, DHCR had issued an
order on December 9, 1985, Docket No. 21049, finding, based on a
review of the apartment floor plan, that the apartment contains
The Administrator's order granted the application and ordered a
rent increase of $2.44 per room per month.
On appeal the tenant raises the same issue she raised in her
answer to the application.
In answer to the petition, the owner again cites the prior deter
mination by the Division of the room count in the subject
apartment and states that the MCI order does reflect a prorated
reduction due to the benefit accruing to garage tenants.
After careful consideration of the evidence in the record the
Commissioner is of the opinion that this petition should be
In Docket No. 21049 the Administrator determined petitioner's
objection to the apartment registration wherein she challenged
the room count. The Administrator determined that, pursuant to
DHCR regulations, the apartment contained three rooms. Peti-
tioner did not file a Petition for Administrative Review from
that order. That decision is a final determination regarding the
room count and is binding on the petitioner's objection in this
proceeding. Also, as noted by the owner, an appropria e adjust-
ment was made in computing the rent increase to reflect the
benefit accruing to garage tenants. No additional modification
to the Administrator's order is warranted.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied
and that the Rent Administrator's order be, and the same hereby