FF 110484-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
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
FF 110484-RT
ARNOLD S. NOLER, DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.:
PETITIONER DF 110121-R
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 18, 1991, the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on
June 7, 1991 by a Rent Administrator concerning housing
accommodations known as Apartment 3-A, 83-34 Lefferts Blvd., Kew
Gardens, New York, wherein the Administrator determined that the
tenant had not been overcharged.
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 administrative appeal.
This proceeding was commenced by the filing of a rent overcharge
complaint by the tenant on June 9, 1989.
The tenant took occupancy pursuant to a two-year lease commencing
on January 15, 1974 and expiring February 1, 1976, at a monthly
rent of $190.00. The complaint also stated that effective
December 1983, the previous owner increased all rents in the
building after the installation of storm windows, but that this
was improper because no MCI application had ever been filed.
The owner was served with a copy of the complaint and was
directed to submit a complete rent history from the base date,
including copies of all leases. The owner complied with this
request.
In Order No. DF 110121-R, issued on June 7, 1991, the District
Rent Administrator determined that the 1985 legal registered rent
of $325.08 had been lawfully increased to $378.75 in accordance
with the orders of the Rent Guidelines Board, and that there were
no overcharges of the tenant's rent.
In her petition, dated June 18, 1991, the tenant contends that
the Administrator mistakenly ruled on the issue of the
correctness of the lease rent, but totally ignored the issue of
the improper rent increase for the storm windows, which is the
only charge in her complaint.
The Commissioner is of the opinion that this petition should be
denied.
Although the tenant challenges the rent charged in 1983,
including an allegedly improper increase for storm windows, the
record establishes that the subject-premises were duly registered
in 1984, and that the complainant's rent on April 1, 1984 was
adopted as the initial legal registered rent, in accordance with
Section 2521.1(c) of the current Rent Stabilization Code. Section
2526 further provides that unless the initial legal registered
rent is successfully challenged by the tenant in occupancy within
90 days of the mailing of a copy of the registration statement to
the tenant, no subsequent challenge may be entertained. Insofar
as the complaint alleged no defect in this initial registration,
the Administrator properly considered it as the legal registered
rent. Furthermore, as the initial legal registered rent included
the rent increase for storm windows which the tenant objects to,
and was not challenged by the tenant in accordance with the above
provisions, the Administrator properly refrained from reviewing
whether the increase was properly obtained. Finally, since the
Administrator properly determined that there were no overcharges
for the four year period prior to the complainant's most recent
registration statement in April, 1989, in accordance with Section
2521.2 of the Code, the determination that there were no
overcharges was proper.
The Commissioner notes, however, that the record contains the
tenant's signed consent to the increase for the storm windows as
an installation of new equipment, which normally adds 1/40th the
cost of the item to the monthly rent (the owner used 1/60th the
cost for the storm windows). Unlike MCIs, no separate
application for such an increase is necessary. However, like
MCIs, it becomes a permanent addition to the rent.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that the tenant's petition be and the same hereby is
denied, and that the Rent Administrator's order be, and the same
hereby is affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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