Adm. Review Docket No.: FD730090RO
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.: FD730090RO
:
TRIANGLE ASSOCIATES DRO DOCKET NO:
by PATRICIA CAPONE, DH710001-OM
:
PETITIONER
: TENANTS: VARIOUS
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 8, 1991, the above-named landlord filed a Petition for
Administrative Review (PAR) against an order issued on March 22,
1991, by the District Rent Administrator at 50 Clinton Street,
Hempstead, New York, concerning the housing accommodations known as
various apartments at 160 Guy Lombardo Avenue, Freeport, New York,
wherein the Administrator had granted said landlord's application,
in part, for rent increases based on the installation of certain
alleged major capital improvements.
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 PAR.
The only issue in this appeal is whether the landlord has asserted
a basis for the modification of the appealed order based on the
following allegations contained in the PAR. The landlord alleges
that the Administrator had based the calculation of the MCI
increase granted on the basis of there being 138 rooms in the
subject building; whereas, the landlord contends, for the first
time on appeal, that there are 113 rooms (not counting half rooms)
and that the increase per room should be recalculated based on a
room count of 113.
The landlord further alleges, in substance, that it was in the
process of researching a revised room count for this application,
which had been filed in March of 1990, based on the Division's
instructions of November 1, 1990, but had not completed the revised
room count by the time the order herein was issued on March 22,
1991.
Adm. Review Docket No.: FD730090RO
Various tenants have answered the PAR, opposing it.
The Commissioner is of the opinion that this PAR should be denied
and that the Administrator's order should be affirmed.
The Commissioner notes that the application originally submitted
below stated, at page 1 of the form RA-79, that the building
contains 45 apartments and 123 rooms (omitting half-rooms); but
that the list of individual apartments (and the number of rooms in
each) contained in the form RA-79, Supplemental II, submitted by
the landlord, indicated, when totalled up, that there are 138 rooms
in this building. The Commissioner further notes that the initial
registration data filed by the landlord with the Division,
indicates that there are 138 rooms in said building.
The Commissioner finds that where, based on a room count supplied
by the applicant-landlord, the Administrator has issued an order
granting a certain MCI rent increase per room, the applicant-
landlord may not, thereafter, seek a modification of said order
based on a claim that said room count was in error.
THEREFORE, in accordance with the provisions of all of the
applicable laws and regulations, it is
ORDERED, that this Petition be, and the same hereby is denied and
that the appealed order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
1A2D3D4FD730090.RO
STORECODEC.01060220034
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