Docket Number: AJ-210191-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 210191-RO
:
STATE FUNDING CORPORATION, DRO DOCKET NO.: CDR 24,116
K 3106335-R
PETITIONER : OTHER PARTY: LARRY SAMUELS, (T)
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN PART
On October 16, 1986, the above named petitioner-owner filed a Petition for
Administrative Review against an order issued on October 7, 1986, by the
Rent Administrator at 10 Columbus Circle, New York, New York, concerning
the housing accommodations known as Apartment No. A-28 at 1213 Avenue Z,
Brooklyn, New York wherein the Administrator established the stabilized
rent and directed the owner to refund $1,490.83 including interest from
April 1, 1984.
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 in the administrative appeal.
This proceeding was originally commenced on March 31, 1984 by the filing
of a complaint of rent overcharge with the New York City Conciliation and
Appeals Board (CAB, the agency formerly charged with enforcing the Rent
Stabilization Law) by the tenant.
The owner submitted a rental history from the base date.
On the chart attached to and made a part of the order, the Administrator
established the stabilized rent.
In its petition, the owner contends that the Administrator erred on the
rent calculation chart attached to the order by failing to acknowledge the
owner's entitlement to a 5% vacancy allowance and a $19.25 increase under
20C(1) under the tenant's initial lease. The owner noted that the chart
annexed to the Administrator's order showed that prior to the commencement
of the tenant's vacancy lease, the owner had collected less that 15% in
vacancy allowances for the subject apartment pursuant to provisions of the
Rent Guideline Board Orders governing new tenancies commencing on or after
July 1, 1979. The owner argues that under Guidelines 15, it was entitled
to a 5% vacancy allowance for the tenant's first lease, but the
Administrator credited it with no vacancy allowance. The owner also
asserts that it installed a new stove and refrigerator in the subject
apartment during the term of the tenant's vacancy lease and therefore
should have been credited below with a 20C(1) increase of $19.25.
Although afforded the opportunity, the tenant has not interposed an answer
to the owner's petition.
The Commissioner notes that Guidelines Order 15 reads, in pertinent part,
as follows:
Docket Number: AJ-210191-RO
Leases On Vacant Apartments
Where a dwelling unit becomes vacant, the
levels of rent increase governing a new
tenancy commencing on or after October 1, 1983
and on or before September 30, 1984 are
as follows:
* * * *
the same as those set forth herein for renewal
leases commencing during the period of this
Order plus 5% over rentals charged on
September 30, 1983, where additional levels
of rent increases (vacancy allowances)
totalling more than 0% but less than 15%
have been charged for that unit pursuant to
provisions of the Rent Guidelines Board
Orders governing new tenancies commencing on
or after July 1, 1979 or;
The Commissioner finds that the chart annexed to the order below shows
that after July 1, 1979, the owner entered into a vacancy lease with the
prior tenant and charged that tenant a 5% vacancy allowance plus the
Guidelines increase.
Based on the above language, the Commissioner finds that the owner was
entitled to a credit for a vacancy allowance of 5% under the tenant's
vacancy lease. However, the Commissioner finds that there was no
substantiation (of the cost or installation of the items upon which the
owner seeks a 20C(1) increase) submitted below and there is none submitted
on appeal. The Commissioner finds that, under these circumstances, the
Administrator properly denied the owner's claim for a 20C(1) increase and
that denial should not be revoked or modified on appeal.
The Commissioner therefore finds that the overcharges to be refunded to
the tenant and the stabilized rent for the tenant's vacancy lease and
first renewal lease are as indicated on the chart annexed hereto and made
a part hereof.
The Commissioner notes that the annual registration statement filed with
respect to the subject apartment as of April 1, 1989 indicates that the
apartment is exempt from registration as a cooperative apartment or
condominium. The Commissioner also notes that a Division staff member was
advised by the New York Telephone Company information service that
according to that company's current records, the tenant still resides at
the subject premises. The Commissioner therefore, finds that, in
accordance with well established Division practice, the tenant is deemed
to be in the position of one who has vacated his, or her, rent stabilized
housing accommodation.
The Administrator's order, as amended by this order and opinion, may, upon
the expiration of the period in which the owner may institute a proceeding
pursuant to Article 78 of the Civil Practice Law and Rules, be filed and
enforced by the tenant in the same manner as a judgement.
Docket Number: AJ-210191-RO
If the above named petitioner-owner has already compiled with the
Administrator's order and there are arrears due said owner as a result of
the instant determination, the tenant shall pay said the arrears
immediately.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted in part,
and that the Administrator's order be, and the same hereby is, amended in
accordance with this order and opinion.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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