DOCKET NUMBER: AJ 110054-RO
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.: AJ 110054-RO
: DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: Q 3121325-R
ORIN MANAGEMENT
CORP. PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN PART
On October 3, 1986, the above-named owner filed a petition for
administrative review of an order issued on September 5, 1986 by a
District Rent Administrator concerning the housing accommodations known as
138-30 Jewel Avenue, Flushing, New York, Apartment 41B.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the issues
raised by the petition for review.
On March 27, 1984 the tenant, C. Paganotti, filed a complaint of rent
overcharge.
Pursuant to the agency's demand, the owner submitted a complete rental
history of the subject apartment going back to the base rent date.
On September 5, 1986 the District Rent Administrator issued the order here
under review, finding that a minor overcharge occurred, stemming from the
increase (from $149.50 to $168.94) charged by t e owner for the three-
year lease renewal commencing on November 1, 1971.
In its petition for administrative review, the owner asserts that it was
entitled to a Guideline increase of 12 percent for a three-year renewal
lease, plus a one-percent stabilizer, and that there was thus no
overcharge.
After careful consideration, the Commissioner is of the opinion that the
petition for review should be granted in part.
A review of the record discloses that the District Rent Administrator's
calculations failed to reflect a one-percent "stabilizer" increase
effective as of November 1, 1971 pursuant to Guideline Order No. 3.
However, that one-percent stabilizer increase was lat r reduced by one-
half percent pursuant to Guideline No. 4 effective as of November 1,
1972, the anniversary date of the tenant's lease. The pertinent
calculations are set forth on the attached rent calculation chart, which
is fully a part of this order and opinion, and they show a total
overcharge, including excess security and interest, of $163.77 through
October 31, 1985. Rents for periods subsequent to October 31, 1985 should
DOCKET NUMBER: AJ 110054-RO
be based upon the lawful stabilization rent of $259.42 as of October 31,
1985.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted in part,
and that the District Rent Administrator's order be, and the same hereby
is, modified, as explained hereinabove and as appears on the annexed rent
calculation chart, which is hereby made fully a part of this order and
opinion; and it is
FURTHER ORDERED, that the tenant may repay any arrears in rent arising as
a result of this order in three equal monthly installments commencing with
the next rent payment date.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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