Adm. Rev. Docket No. FJ120193RT
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.: FJ120193RT
ELIZABETH A. SMITH
DRO DOCKET NO.: EK120236R
LANDLORD: PICKMAN REALTY
PETITIONER CORP.
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-tenant timely filed a Petition for
Administrative Review against an order issued on September 27, 1991,
by the Rent Administrator at Gertz Plaza, Jamaica, New York,
concerning housing accommodations known as apartment number 6B at
77-15 113 Street, Forest Hills, New York, wherein the Administrator
found that the maximum collectible rent (MCR) for the subject rent
controlled apartment had been properly determined in a series of
orders of eligibility and labor cost adjustment; that it was $566.77
effective February 1, 1991; that the landlord had stated below that
the actual rent charged for the garage space allocated to this
apartment was $14.85; and that the tenant was not being overcharged.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the evidence relevant to
the issues raised in this administrative appeal.
In the complaint, which was dated October 30, 1990, the tenant
asserted, in substance, that the rent she was being charged,
($541.52 plus a fuel cost adjustment of $ 16.47 and $ 1.52 for
garage tax) exceeded the correctly calculated MCR for the subject
apartment.
In the appealed order the Administrator found that the tenant was
not being overcharged and cited the four most recent orders
affecting the tenant's rent. The order of eligibility issued under
Docket Number BL122394BR which raised the MCR to $467.02 effective
January 1, 1988 and $502.05 effective January 1, 1989; and the labor
cost adjustment order (Docket Number DE120004AC) effective July 27,
1989, which raised the MCR to $ 516.03. The Administrator cited the
order of eligibility issued under Docket Number DI120247BR, which
raised the MCR to $554.73, effective January 1,, 1990, and
Adm. Rev. Docket No. FJ120193RT
$ 558.19, effective January 1, 1991; and the labor cost adjustment
order under Docket Number EH120007AC which raised the MCR to $566.77
effective February 1, 1991.
In the PAR, the tenant argues, in substance, that her garage rent
should not have been added to her maximum collectible rent.
The owner filed an answer opposing the PAR and asking, in substance,
that the appealed order be affirmed.
The Commissioner is of the opinion that this Petition should be
denied.
The Commissioner finds that the tenant has failed to cite, either
below or on appeal, any error in the methodology by which her rent
has been fixed.
THEREFORE, pursuant to all of the applicable statutes and
regulations, it is
ORDERED, that this Petition be, and the same hereby is denied; and
that the Administrator's order be and the same hereby is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
1A2D3D3FJ120193.RT
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