DOCKET NO.:  EL120216RT
                              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
     IN THE MATTER OF THE ADMINISTRATIVE   :   
     APPEAL OF                                 ADMINISTRATIVE REVIEW
                                           :   DOCKET NO. EL120216RT
             FAUSTINO PEREIRA,                 DISTRICT RENT ADMINISTRATOR'S
                                           :   DOCKET NO. DH120010RP
                            PETITIONER                    (DA120145R)
     --------------------------------------X  


            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

     On December 19 1989, the above-named tenant filed a petition for 
     administrative review of an order issued on December 14, 1990 by the Rent 
     Administrator concerning the housing accommodation known as Apartment 3A, 35- 
     45 79th Street, Jackson Heights, New York.

     The Commissioner has reviewed all of the evidence in the record and has 
     carefully considered that portion of the record relevant to the issues raised 
     by the petition for administrative review.

     The subject tenant filed an overcharge complaint, dated January 18, 1989.

     In his complaint, the subject tenant alleged that he commenced occupancy in 
     the subject apartment on October 2, 1959.

     The Administrator issued an order on May 26, 1989 under Docket No. DA120145R 
     which established the subject apartment's maximum rents from January 1, 1986 
     through January 1, 1989.

     In a letter submitted to the Administrator on July 18, 1989, the subject 
     landlord requested that the Administrator reopen the proceeding as, the 
     landlord alleged, the maximum rents established in the above-mentioned order 
     were incorrectly calculated.

     On August 24, 1989, the Administrator mailed to the parties to this 
     proceeding a notice which determined that the order issued under Docket No. 
     DA120145R should be reopened based on a finding of an irregularity in a vital 
     matter as, the notice stated that, "the record shows the maximum collectible 
     rent quoted under the above docket failed to include Major Capital 
     Improvement increases that were granted for subject unit and/or building."

     In the order under review herein issued on December 14, 1990 under Docket No. 
     DH120010RP, the Administrator modified the order issued under Docket No. 
     DA120145R, and established the subject apartment's maximum rents effective on 
     May 26, 1989 as follows:  the maximum rent effective January 1, 1986 should 
     be $308.54 per month; the maximum rent effective January 1, 1987 should be 
     $331.68 per month; the maximum rent effective October 1, 1987 should be 
     $352.10 per month; the maximum rent effective January 1, 1988 should be 
     $378.51 per month, and the maximum rent effective January 1, 1989 should be 
     $406.90 per month.







          DOCKET NO.:  EL120216RT

     In his petition the subject tenant asserts, among other things, that the 
     maximum rents noted in the Administrator's order under review herein are 
     "excessive and incorrect."

     After careful consideration, the Commissioner finds that the tenant's 
     petition should be denied.

     The record reflects that the subject apartment's maximum rent effective 
     January 1, 1972 was $108.96 per month.

     The record further reflects that the subject landlord has qualified for 
     maximum base rent (M.B.R.) increases for each biennial cycle since the 
     inception of the M.B.R. system through the issuance date of the 
     Administrator's order under review herein.  Furthermore, the subject landlord 
     has been granted several orders adjusting the subject apartment's maximum 
     rent.  The most recent Administrator's order which adjusted the subject 
     apartment's maximum rent was issued on September 14, 1987 under Docket No. 
     AC130130OM, which granted the landlord's application for a major capital 
     improvement rent increase.  Based on the provisions of the above-mentioned 
     order, the Commissioner points out that the subject apartment's maximum rent 
     was increased by $20.42 per month effective October 1, 1987.

     Based on the rent agency's record, the Commissioner finds that the subject 
     apartment's maximum rents were properly noted in the Administrator's order 
     under review herein.

     The Commissioner further finds that the subject tenant does not substantiate 
     his assertion that the maximum rents as noted in the Administrator's order 
     under review herein were calculated incorrectly.

     Accordingly, the Commissioner finds that the Administrator's order under 
     review herein should not be disturbed.

     The Commissioner points out that the maximum rents noted in the 
     Administrator's order under review herein does not include fuel cost 
     adjustments the subject landlord may be entitled to collect, and that the 
     Administrator's order does not include any increases to the subject 
     apartment's maximum rent subsequent to May 26, 1989.

     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, issued under Docket No. DA120010RP, be, and the same 
     hereby is, affirmed.

     ISSUED:



                                                                               
                                                     JOSEPH A. D'AGOSTA
                                                     Deputy Commissioner
    

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