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
:
DRO DOCKET NO.: CDR 24,116
STATE FUNDING K 3106335-R
CORPORATION PETITIONER :
------------------------------------X OTHER PARTY: LARRY SAMUELS
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
housing accommodations known as apartment 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 evidence 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 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 than 15% in
vacancy allowance 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 tenants' vacancy lease and therefore
should have been credited below with a 20C(1) increase of $19.25.
DOCKET NUMBER: AJ 210191-RO
Although announced the 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:
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% per rentals charged on
September 30, 1983, where additional levels
of rent increases (vacancy allowances)
totaling 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 it 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 20(91) 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 if first
renewal lease are as indicated on the chart annexed hereto and made a part
hereof.
This order may upon the expiration of the period in which the owner may
institute a proceeding pursuant to Article Seventy-eight of the Civil
Practice Law and Rules, be filed and enforced by the tenant in the same
manner as a judgment or not in excess of twenty percent thereof per month
may be offset against any rent thereafter due the owner.
If the owner has already complied with the Administrator's order and there
are arrears due tot he owner as a result of the instant determination, the
DOCKET NUMBER: AJ 210191-RO
tenant may pay off the arrears in twenty-four (24) equal monthly
installment. Should the tenant vacate after the issuance of this order,
said arrears shall be payable immediately.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it is
ORDERED, that the 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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