DOCKET NO. AJ-110380-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-110380-RO
:
ORIN MANAGEMENT CORPORATION, : DISTRICT RENT ADMINISTRATOR'S
: DOCKET NO. Q 3120567-R
:
:
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On October 23, 1986, the above-named petitioner-owner filed a
petition for administrative review of an order issued on
September 19, 1986 by a District Rent Administrator concerning
the housing accommodations known as 137-59 70th Avenue,
Flushing, New York, Apartment No. 12-B.
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.
On March 27, 1984 the tenant filed a complaint of rent
overcharge. Pursuant to the agency's demand, the owner submitted
a complete rental history to the Base Rent Date.
On September 19, 1986 the District Rent Administrator issued the
order here under review, finding that a small overcharge had
occurred and directing the owner to roll back the rent and refund
the overcharge.
In its petition for administrative review, the owner asserts, in
substance, that the District Rent Administrator failed to note
that the rent was increased by 17 percent, to $305.19, rather
than by fifteen percent, to $299.98, pursuant to a three-year
lease renewal commencing July 1, 1980.
After careful consideration, the Commissioner is of the opinion
that the petition for review should be granted.
The record shows that the lease renewal for July 1, 1980 to June
30, 1983 period was executed before Guideline Order No. 12 was
promulgated, and provided for only a fifteen percent increase,
from $260.85 to $299.98 per month. However, the lease renewal
stated that the rent provided for in the renewal could be
DOCKET NO. AJ-110380-RO
increased effective as of the first day of the renewal period in
the event the Rent Guidelines Board were to adjust the applicable
rent increase levels. Subsequent to the execution of the lease
renewal, the Rent Guidelines Board promulgated Order No.13,
which allowed a seventeen percent increase for three-year renewal
leases. The record indicates that the owner actually collected
$305.19 per month, based on that seventeen-percent increase. The
subsequent lease increase was correctly calculated. Accordingly,
no overcharge occurred, and the Commissioner is of the opinion
that the order of the District Rent Administrator should be
revoked.
THEREFORE, in accordance with the Rent Stabilization Law and
Code and the Emergency Tenant Protection Act of 1974, it is
ORDERED, that this petition be, and the same hereby is, granted,
and that the District Rent Administrator's order be, and the same
hereby is, revoked, and it is
FURTHER ORDERED, that the tenant may repay any arrears in rent
arising as a result of this order in twelve equal monthly
installments commencing with the next rent payment date.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: AJ-110380-RO
DRO Docket No/Order No.: Q 3120567-R
Tenant(s): REXINE LODATO
Owner: ORIN MANAGEMENT CORPORATION
Code Section:
Premises: 137-59 70TH AVENUE, FLUSHING, NY, APARTMENT NO. 12-B.
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The District Rent Administrator made a calculation error in this
overcharge proceeding. The error is corrected.
APPROVED:
Processing Attorney:
Supervising Attorney:
Bureau Chief:
Deputy Counsel:
Deputy Commissioner:
Mailed copies of Order and Determination to:
Tenant(s)
Owner
Tenant's Atty.
Owner's Atty.
Date: : by
signature
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