ADM. REVIEW DOCKET NO. EG420219RO
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
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. EG420219RO
LILLIAN SERIL DISTRICT RENT
C/O RUDD REALTY ADMINISTRATOR'S DOCKET
MANAGEMENT CORPORATION, NO. EB420075OI
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 19, 1990, the above-named landlord filed a petition
for administrative review of an order issued on June 15, 1990 by
the Rent Administrator concerning the housing accommodation known
as Apartment 1015, 225 West 86th Street, New York, New York.
The Commissioner has reviewed all of the evidence in the
record relevant to the issues raised by the petition for
administrative review.
The subject landlord filed an application, dated February 10,
1990, for a rent increase based on the subject tenant allegedly
installing three air conditioners, two in August, 1988 and one in
August, 1989. In its application the landlord asserted that the
subject building is an electrical inclusion building.
In response the subject tenant asserted, among other
things,that the subject apartment has had five air conditioners for
over ten years, and, the tenant alleged, that rent increases for
the air conditioners have already been paid.
In the order under review herein, the Administrator stated
that: "Evidence on file indicates a rent increase for the
installation of five (5) air conditioners with electrical inclusion
in the subject apartment has been previously granted. The Rent
Administrator finds that a rent increase is not warranted."
In its petition the subject landlord asserts that the subject
tenant's rent does not include additional charges for five air
conditioners.
ADM. REVIEW DOCKET NO. EG420219RO
After careful consideration, the Commissioner finds that the
subject landlord's petition should be denied.
The record reflects that the subject building has an
outstanding finding of harassment against it since May 4, 1981.
Based upon the applicable rent regulations and laws, the
Commissioner finds that when there is an outstanding finding of
harassment against a building the Administrator may dismiss any
application for a rent adjustment filed by that building's
landlord.
Based upon the above-mentioned facts, the Commissioner finds
that the Administrator's denial of the landlord's application for
a rent increase should not be disturbed.
It should be noted that the rent agency has granted the
landlord rent increases for the prior installation of five air
conditioners in the subject apartment in the following orders:
Docket NO. AC236458 (Lease Report NO. 241017) issued on February
19, 1958, increased the subject apartment's rent for the
installation of two air conditioners; Docket NO. 2AC252673 issued
on July 25, 1968 increased the subject apartment's rent by $2.18
per month for the installation of one air conditioner; Docket NO.
2AC377188 issued on October 27, 1975 increased the subject
apartment's rent by $5.96 per month for the installation of one air
conditioner, and Docket NO. 2AC421059 issued on September 28, 1983
increased the subject apartment's rent by $8.60 per month for the
installation of one air conditioner.
THEREFORE, in accordance with the City Rent and Rehabilitation
Law and the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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