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. AK 110137-RO
ORIN MANAGEMENT CORP. DISTRICT RENT ADMINISTRATOR'S
DOCKET NO. Q 3120688-R
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 3, 1986, the above-named owner timely refiled a petition for
administrative review of an order issued on September 2, 1986 by a
District Rent Administrator concerning the housing accommodation known as
137-06 Jewel Avenue, Flushing, New York, Apartment 26A.
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, Allan Leblang, filed an overcharge
complaint with the New York City Conciliation and Appeals Board, the
agency then responsible for the administration of rent stabilization in
New York City.
On April 1, 1984 responsibility for the administration of rent
stabilization in New York City was transferred to the New York State
Division of Housing and Community Renewal.
In response to the rent agency's demand, the owner submitted a complete
rental history to the Base Rent Date.
On September 2, 1986 the District Rent Administrator issued the order
under review herein, finding that a minor overcharge had occurred (eighty
five cents per month) beginning with the lease for the period from June 1,
1975 to May 31, 1978.
In its petition for administrative review, the owner asserts, in
substance, that under Guideline Order No. 6 it was entitled to charge an
increase of twelve and one-half percent for a three-year renewal lease
rather than one of twelve percent, as found by the District Rent
After careful consideration, the Commissioner is of the opinion that the
petition for review should be denied.
DOCKET NUMBER: AK 110137-RO
A review of the record shows that the tenant's rent for the period from
June 1, 1972 to May 31, 1975 was $168.94 per month. Pursuant to Guideline
Order No.6, the owner was permitted to impose an increase of twelve
percent for the three-year renewal period chosen by the tenant, bringing
the lawful rent to $189.21 per month. Accordingly, the Commissioner finds
that the District Rent Administrator's order finding a small overcharge
THEREFORE, in accordance with the provisions of 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, denied, and that
the District Rent Administrator's order be, and the same hereby is,