FB 410405-RT
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 ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
FB 410405-RT
ELLEN W. KAPLAN,
DRO DOCKET NO.:
PETITIONER DE 430032-OM
----------------------------------x
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 27, 1991, the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued February 12, 1991. The order concerned
housing accommodations known as Apartment 5-G located at 141 East
89th Street, New York, New York. The Administrator granted a
rent increase based on the installation of major capital
improvements (MCI).
The Commissioner has reviewed the record and carefully considered
that portion of the record relevant to the issues raised by this
appeal.
The owner commenced this proceeding on May 5, 1989 by filing an
application for rent increase based on the installation of a
major capital improvement, to wit - a new burner/boiler at a
total cost of $76,900.00. The tenants were served with a copy of
the application and were provided an opportunity to respond
thereto.
Various tenants responded, objecting to the increase, alleging
inadequate heat and hot water. Subsequent inquiries mailed to
the complaining tenants brought no responses. On February 12,
1991 the Administrator issued the order appealed from.
On appeal the tenant argues that her apartment, though registered
for three rooms, contains only two. She therefore states that
her rent increase should be for only two rooms. The owner did
not file a response.
After careful review of the evidence in the record the
Commissioner is of the opinion that the petition should be
denied.
The Commissioner notes that the 1984 registration for the sub-
ject apartment indicated that it has three rooms. The tenant
filed a timely challenge to that registration. The Adminis-
trator determined that the room count was correct pursuant to
DHCR regulations (Docket No. 21049). The tenant filed no peti-
tion for Administrative Review of this order. The issue has been
settled and petitioner is barred from raising the issue in this
proceeding.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, denied
and the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
|
