DOC. NO. AL 110096-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.: AL 110096-RO
CAMPUS ASSOCIATES, : DRO DOCKET NO.: TC082873-G
PETITIONER :
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ORDER AND OPINION GRANTING IN PART PETITION FOR
ADMINISTRATIVE REVIEW
On December 9, 1986 the above-named petitioner filed a Petition for
Administrative Review against an order issued on November 6, 1986 by
the Administrator, (Columbus Circle) concerning housing accommodations
known as Apartment 72A, 48-21 190th Street, Flushing, New York,
wherein the Administrator had established the legal rent as $226.92 as
of August 1, 1976 and directed the owner named herein (Campus Hall
Apartments) to refund $967.80 in overcharges.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record concerning the
issues raised in the administrative appeal.
In this petition, the current owner asserts, in relevant part that the
periods of the lease rental history listed in the Administrator's
order are incorrect; and that said order should be modified so as to
recompute the legal regulated rent and the total amount of overcharge.
The owner also states that it took ownership on January 17, 1984, and
thus it should not be liable to refund any overcharge to the tenant
who had since vacated the apartment.
The Commissioner is of the opinion that this petition should be
granted in part.
A review of the record in the proceeding below discloses that the
Administrator incorrectly listed the monthly rental charge ($168.00)
for the period July 1, 1969 to June 30, 1971, which amount should
correctly be $184.80 per month (as reflected in the rent ledgers) for
said period. Accordingly, the Commissioner is of the opinion and
finds that the Administrator's order should be modified so as to
reflect the actual rent charged ($184.80 per month) for the period
July 1, 1969 to June 30, 1971; and that the legal regulated rent is
adjusted to $265.40 per month for the period August 1, 1976 to July
31, 1979, when the tenant vacated the premises, resulting in a lower
total overcharge, $950.26, as reflected in the attached rental chart.
DOC. NO. AL 110096-RO
The Commissioner notes that Section 2526.1(f) provides that for
complaints filed before April 1, 1984 an owner is liable only for his
or her portion of the overcharges collected, in the absence of
collusion or any relationship between such owner and any prior owners.
Since this complaint was filed prior to April 1, 1984, the prior owner
(as listed in the Administrator's order) is responsible for the total
amount of overcharge ($950.26), which was collected before April 1,
1984.
Because this determination concerns lawful rents only through July
1979, the owner herein is cautioned to adjust subsequent rents to an
amount no greater than that determined by this order plus any lawful
increases, and to register any adjusted rents, with this order and
opinion being given as the explanation for the adjustment.
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 for $950.26 against the prior owner
Campus Hall Apartments.)
THEREFORE, in accordance with the Rent Stabilization Law and Code, it
is
ORDERED, that this petition be, and the same hereby is, granted in
part; and that the Rent Administrator's order be, and the same hereby
is modified by adjusting the legal regulated rent from $226.92 to
$265.40 per month as of August 1, 1976 and the total amount overcharge
from $967.80 to $950.26; and that as so modified said order be and the
same hereby is affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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