STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.HF610003RT
Onelia Sanchez : DISTRICT RENT OFFICE
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 1, 1993, the above-named petitioner-tenant filed a Petition
for Administrative Review against an order issued on January 15, 1993
by the Rent Administrator, 92-31 Union Hall Street, Jamaica, New York,
concerning the housing accommodations known as 1944 Unionport Road,
Apartment N62, Bronx, N.Y, wherein the Administrator terminated the
The Commissioner has reviewed all of the evidence of record and has
carefully considered that portion of the record relevant to the issues
raised in the administrative appeal.
This proceeding was commenced on June 3, 1990 when the tenant filed a
complaint of rent overcharge.
In response to the complaint the owner stated that the rent being
collected was reflective of lawful guidelines increases and individual
improvements made in 1989 when the apartment was vacant. The owner
submitted leases and annual registrations as well as an itemized
contract, cancelled checks and a contractor's affidavit to substantiate
the claimed improvements. The owner also submitted evidence of a rent
reduction and refund which was credited to the tenant's account.
Because the tenant asserted that no apartment improvements had been
made, a physical inspection of the subject premises was conducted by an
employee of the DHCR. The inspection report confirmed the presence of
the alleged improvements but the inspector stated that the age of the
claimed improvements could not be determined.
In the order issued on January 15, 1993, the Administrator determined
that there was no overcharge and terminated the proceeding.
In her appeal, the tenant contends that there has not been any new
equipment installed in the subject apartment since her tenancy and that
the apartment is in need of repairs.
The Commissioner is of the opinion that this petition should be denied.
The record shows that the owner submitted valid documentation in
substantiation of the installation and costs of new equipment and other
improvements whose presence was confirmed by a physical inspection. It
is noted that the improvements were made during a vacancy period prior
to the tenant's occupancy which is permitted. The Commissioner notes
that the tenant has filed a service complaint as advised in the
Based upon all of the evidence, the Commissioner finds that the
Administrator correctly terminated the proceeding.
THEREFORE, in accordance with the provisions of the Rent Stabilization
Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied, and, the
Rent Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA