DOC. NO. AL 110096-RO
                                 STATE OF NEW YORK
                            OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                               JAMAICA, NEW YORK 11433

         APPEAL OF                               DOCKET NO.: AL 110096-RO
                    CAMPUS ASSOCIATES,       :   DRO DOCKET NO.: TC082873-G
                                 PETITIONER  :

                                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, 

         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 

         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.


                                                 ELLIOT SANDER
                                                 Deputy Commissioner

TenantNet Home | TenantNet Forum | New York Tenant Information
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws
Disclaimer | Privacy Policy | Contact Us

Subscribe to our Mailing List!
Your Email      Full Name