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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.:
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MARY E. HOLLINGSWORTH,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER DE 630025-OM
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 14, 1991, the above-named tenant, filed a petition for
administrative review of an order issued on April 17, 1991, by a
Rent Administrator concerning the housing accommodation known as
Apartment 3-C, 1881 Sedgewick Avenue, Bronx, New York, wherein
the Rent Administrator determined that the owner was entitled to
a rent increase based on a major capital improvement (MCI). The
Commissioner deems the petition timely filed because the Rent
Administrator's order had not been served upon this tenant.
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 review.
The owner commenced this proceeding on March 2, 1988 by filing an
application for a rent increase based on a major capital improve
ment, to wit - new windows at a total cost of $68,505.00.
On July 5, 1989, the Division of Housing and Community Renewal
(DHCR) served each tenant with a copy of the application and
afforded the tenants the opportunity to review it and comment
thereupon.
The petitioning tenant had not yet taken occupancy at the time of
the filing of the owner's application.
On April 17, 1991, the Rent Administrator issued the order here
under review finding that the installation qualified as a major
capital improvement, determining that the application complied
with the relevant laws and regulations based upon the supporting
documentation submitted by the owner, and allowing appropriate
rent increases for rent controlled and rent stabilized apart-
ments.
In her petition for administrative review, the current tenant of
Apartment 3-C requests reversal of the Rent Administrator's order
and alleges, inter alia, that she leased the apartment in 1989
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and was unaware of any pending increase at the time. The first
notice of the increase, she alleges, was her June 3, 1991 rent
notice from the owner.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
The Commissioner notes that the tenant's petition does not
challenge the sufficiency of the improvement or its eligibility
for an increase. The gravamen of the petition is the allegation
regarding notice and the issue of collectibility of the increase
as it pertains to the petitioner.
The tenant is advised that the attachment to the order under
review provides under "CONDITIONS":
2. For the increase granted by this Order to be
collectible during the term of the current
lease; a) the lea e must contain a provi-
sion authorizing the collection of an
increase pursuant to a DHCR Order; and b)
where the application for this increase was
pending prior to the commencement date of a
vacancy lease, the increase granted in this
Order is collectible only if such lease con-
tains a specific provision regarding the
application pending before the Division of
Housing and Community Renewal, the basis for
the application, and that any increase
granted pursuant to a DHCR Order would be
effective during the term of the lease.
Since the order under review itse f contains a provision pro-
tecting the tenant from an increase based on a major capital
improvement effectuated without notice, there is no reason to
disturb the administrator's order. The tenant is advised to
refer to her lease, which was not attached to the petition and is
not part of the record.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this 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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