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
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