DOCKET NUMBER: AK-410423-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 NUMBER: AK-410423-RO
:
SULZBERGER-ROLFE : D.R.O. DOCKET NO. CDR 24,087
INCORPORATED - OWNER, :
: TENANT: BERNARD SIMON
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On November 7, 1986, the above-named petitioner filed a Petition
for Administrative Review against an order issued on October 7,
1986 by the District Rent Administrator, 10 Columbus Circle,
New York, New York, concerning the housing accommodations known
as 150 West End Avenue, Apartment 21-D, New York, New York
wherein the Administrator directed the owner to roll back the
rent and to refund overcharges in the amount of $1,635.88
inclusive of excess security and interest on the overcharge
collected on or after April 1, 1984.
The tenant commenced the proceeding by filing a complaint of
general overcharge.
The complaint was served on the owner, along with a request for a
complete rental history of the subject apartment from its base
date.
The owner complied with the request, submitting a complete set of
leases and a complete rental history.
In the order here under review, the Administrator established the
lawful stabilized rent as of November 1, 1984 through October 31,
1986 at $754.53 and directed the owner to roll back the rent to
the lawful stabilized amount and to refund overcharges of
$1,635.88.
In its appeal, the owner seeks to reverse the Administrator's
order and contends that the Administrator erred in calculating
the lawful stabilized rent by 1) failing to allow for fuel
adjustment increases pursuant to Rent Guidelines Order Number
10b, 2) by failing to allow the electrical inclusion allowance
pursuant to Guidelines Order Number 13, and 3) by incorrectly
listing tenant's rent at $714.40 instead of $719.40. Included
with the appeal is the owner's rent calculation chart which shows
the allegedly correctly calculated stabilization rent.
Although afforded the opportunity to do so, the tenant failed to
reply to the petition.
After careful consideration, the Commissioner is of the opinion
DOCKET NUMBER: AK-410423-RO
that this petition should be granted.
Rent Guidelines Order 10b was a special fuel adjustment increase,
collectible starting March 1, 1979 from tenants whose leases
commenced between July 1, 1978 and June 30, 1979. Rent
Guidelines Order Number 13 provided for a 4% electrical inclusion
increase.
Review of the submitted materials discloses that the owner
indicated in its answer that both heat and electricity were
owner-provided. The information, however, was not considered by
the Administrator in its determination. With respect to the fuel
adjustment, the lease at issue, a three-year lease commencing
November 1, 1978, entitled the owner to a fuel adjustment of one
half percent or $2.98 beginning March 1, 1979 through the
expiration of the lease. Since electricity was included in the
rent the owner was entitled to a four percent electrical
inclusion increase under Guidelines Order Number 13. The
Commissioner notes that the rent was incorrectly listed in the
order.
Accordingly, the Commissioner has recomputed the legal
stabilization rent and the overcharges collected in the rent
calculation chart attached hereto and made a part of the order.
If the owner has already complied with the Administrator's order
and there are arrears due to the owner as a result of the instant
determination, the tenant shall be permitted to pay off the
arrears in twelve equal monthly installments. Should the tenant
vacate after the issuance of this order, or have already vacated,
said arrears shall be payable immediately.
This order may, upon the expiration of the period in which the
owner may institute a proceedi g pursuant to Article seventy-
eight of the Civil Practice Law and Rules, be enforced by the
tenant against the owner by offsetting the overcharge found
herein against any rent thereafter due the owner not in excess of
twenty percent thereof per month.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, granted
and the Rent Administrator's order be, and the same hereby is
modified in accordance with the Order and Opinion.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: AK-410423-RO
DRO Docket No/Order No.: CDR 24,087
Tenant(s): BERNARD SIMON
Owner: SULZBERGER-ROLFE INCORPORATED
Code Section: RENT GUIDELINES BOARD ORDER NUMBERS 10B, 13
Premises: 150 WEST END AVENUE, APARTMENT 21-D, NEW YORK, NY
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The administrator did not include a fuel adjustment increase and an
electrical inclusion increase. The Commissioner has recomputed the
legal stabilization rent and the overcharges to be refunded.
DOCKET NUMBER: AK-410423-RO
APPROVED:
Processing Attorney:
Supervising Attorney:
Unit Director:
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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