DHCR Petition for Administrative Review (PAR) Decisions
In 1994, under pressure from tenant advocates, DHCR released approximately 6,000 PAR decisions. After Governor Pataki took office in 1995, DHCR refused to release other decisions in bulk. These decisions generally cover the 1990-1994 period and in many cases do not reflect current law or DHCR practice. The reader is cautioned to be aware of changes to the Rent Stabilization Law, the Rent Stabilization Code and DHCR practice since 1994. Also this database does not include all decisions prior to 1994 as DHCR intentionally withheld many decisions for unknown reasons.
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Docket Number: FD 210483-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.: FD 210483-RT
:
JEFFREY M. DREIBLATT, DRO DOCKET NO.: CA 230024-OM
PETITIONER : Premises: 291 Lincoln Pl.
------------------------------------X Apt. B7, Brooklyn, N.Y.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant timely filed a petition for administrative
review of an order issued concerning the housing accommodations
relating to the above described docket number.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the petition.
The owner commenced the proceeding below by filing an application
for a rent increase based on a major capital improvement.
Thereafter, the Rent Administrator issued an order granting the
owner's request for a rent increase.
In his petition for administrative review, the tenant requests
review of the Administrator's order asserting that his vacancy lease
and renewal lease failed to indicate the installation of a capital
improvement and its application pending before the Administrator.
After careful consideration the Commissioner is of the opinion that
this petition should be terminated.
The tenant's contention fails to indicate any impropriety with the
Administrator's order which granted the owner's application for a
rent increase based on a major capital improvement.
The tenant's allegation that the owner failed to disclose the
improvement made or its pending application before the Administrator
is not an appropriate defense in this appeal, however, it would be
appropriate to file a rent overcharge complaint.
Accordingly, this petition is terminated, and this order is issued
without prejudice to the tenant's right to file a rent overcharge
complaint should the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the Rent and Eviction Regulations for New York City, it is
ORDERED, that this petition be, and the same hereby is, terminated
and that the Rent Administrator's order be, and the same hereby is,
affirmed.
Docket Number: FD 210483-RT
ISSUED:
ELLIOT SANDER
Deputy Commissioner
The New York State Division of Housing and Community Renewal (DHCR) is the state agency that administers the Rent Stabilization and Rent Control systems. DHCR has jurisdiction over many aspects of the landlord-tenant relationship, including the legal rent, the providing of various services and complaints of landlord harassment. In addition, landlords are able to apply to DHCR for increases in rent based on Major Capital Improvements or for other reasons.
Tenants and Landlords may initiate proceedings by filing complaints or applications with DHCR. After the agency collects evidence from both the tenant and landlord, it renders a decision by the District Rent Administrator (DRA) -- sometimes referred to as the District Rent Office (DRO).
Either party may then appeal the decision at the agency level by filing a Petition for Administrative Review (PAR) within 35 days. A PAR decision -- or sometimes called a Commissioner's Decision -- represents the final decision of the agency before parties may appeal in the state courts.