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 210059-RO
DRO DOCKET NO.: 312131-R
ABRAM LANDAU, CDR 24288
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On November 3, 1986 the abovenamed petitioner owner filed a Petition for
Administrative Review against an order issued on October 14, 1986 by the
Rent Administrator of the Columbus Circle District Rent Office concerning
the housing accommodations known as 3051 Ocean Avenue, Apartment B4,
The (now former) tenant, Dorothy Augenbaum, who took occupancy on April 1,
1978 under a 2 year lease at a rent of $155.00 filed a complaint of
overcharge on February 16, 1984.
The herein appealed order of the Rent Administrator established an initial
stabilized rent of $136.56 pursuant to a default procedure based on a
finding that the owner failed to submit a full rental history and directed
a refund of $2122.25 including interest.
In his petition the owner, in substance, alleges that the Administrator's
final notice of default was mailed to his former address even though the
Administrator had notice of his current address; that the complainant
tenant was the first stabilized tenant; and that all tenants were proper.
The Commissioner is of the opinion that the petition should be granted.
The records of this agency bear out the owner's allegation as to lack of
notice and also disclose the filing of an April 1978 report of vacancy
decontrol for the apartment.
The complainant tenant's initial rent of $155.00 was within fair market
rent appeal limits (the 1976 Maximum Base Rent of $140.90 plus 20%
pursuant to Guideline 9 and updated Special Guideline 6b).
The complainant tenant's subsequent lease rents of $178.25 as of April 1,
1980 & 196.08 as of April 1, 1983 were also within guideline limits (15%
and 10% for 3 year leases pursuant to Guidelines 11 & 14 respectively).
Therefore, there have been no overcharges.
If the owner has already complied with the Administrator's order, any
arrears resulting herefrom may be paid by the current tenant, to whom a
DOCKET NUMBER: AK 210059-RO
copy of this order is being mailed, in 12 equal monthly installments. Any
arrears from former tenants shall be payable immediately.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted and that
the order of the Rent Administrator be, and the same hereby is, revoked.