DOCKET NUMBER:AL 110131-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 110131-R0
:
DRO DOCKET NO.: 81437-G
QUEENS PARK CDR 27268
REALTY CORP. PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN PART
On December 9, 1986 the above-named petitioner-owner filed a Petition for
Administrative Review against an order issued on November 20, 1986, by the
Rent Administrator, 10 Columbus Circle, New York, New York concerning the
housing accommodations known as 64-34 99th Street, Queens, New York,
Apartment 4C wherein the Rent Administrator determined that the owner had
overcharged the tenant.
The Commissioner notes that this proceeding was filed prior to April 1,
1984. Sections 2526.1(a) and 2521.1(d) of the Rent Stabilization Code
(effective May 1, 1987) governing rent overcharge and fair market rent
proceedings provide that determination of these matters be based upon the
law or code provisions in effect on March 31, 1984. Therefore, unless
otherwise indicated, reference to Sections of the Rent Stabilization Code
(Code) contained herein are to the Code in effect on April 30, 1987.
The issue in this appeal is whether the District Rent Administrator's
order was warranted.
The applicable section of the Law is Section 2526.1 of the current Rent
Stabilization Code.
The Commissioner has reviewed all of the evidence in the record and has
carefully considered that portion of the record relevant to the issue
raised by the administrative appeal.
This proceeding was originally commenced in January 19984 by the filing of
a rent overcharge complaint by the tenant (Bessie Minsky).
In a timely answer to the complaint the owner submitted a complete rental
history as required and included evidence showing the tenant's rent was
reduced from $290.00 to $282.10 effective March 15, 1979 and from $336.40
to $372.24 effective March 15, 1982.
In Order Number CDR 27268, the District Rent Administrator determined that
the tenant had been overcharged in the amount of $511.49 through March 31,
1985 and directed the owner to refund such overcharge to the tenant.
DOCKET NUMBER:AL 110131-RO
In this petition, the owner contends in substance that there was no rent
overcharge in that the Rent Administrator failed to take into account the
rent reductions to $282.10 effective March 15, 1979 and to $327.24
effective March 15, 1982. Further the owner contends a major capital
improvement rent increase order was issued under docket no. OM 5003-5020,
CDR 5546 on September 10, 1985.
In answer tot he owner's petition, the tenant confirmed that her rent was
reduced in the amounts claimed by the owner.
The Commissioner is of the opinion that this petition should be granted in
part.
An examination of the records in this case discloses that the owner is
correct in its contention that it was not credited with timely rent
reductions made prior to the issuance of the Rent Administrator's order.
However there is still a rent overcharge as the owner mistakenly thought
it could take two guideline adjustments for two different tenants in the
Guideline 10 period whereas the compounding of Guideline increases during
the same guideline period is prohibited. The major capital improvement
rent increase order referred to by the owner was issued on September 10,
1985 after the end of the overcharge period herein (March 31, 1985) and so
does not affect the amount of the overcharge determined herein. However
this order is issued without prejudice to the owner's right to collect the
major capital improvement tent increase including arrears in accordance
with the order issued under docket number OM 5003-5020,CDR 5546 on
September 10, 1985.
Taking the aforementioned factors into account, the Commissioner has
recalculated the lawful stabilized rents and the amount of the rent
overcharge for the subject apartment.
The lawful stabilized rents and amount of the rent overcharge are set
forth on the amended rent calculation chart attached hereto and made a
part hereof.
Because this determination concerns lawful rents only through March 31,
1985, the owner 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.
If the owner has already complied with the Rent 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.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
DOCKET NUMBER:AL 110131-RO
ORDERED, that this petition be, and the same hereby is, granted in part
and the District Rent Administrator's order be and the same hereby is,
modified in accordance with this order and opinion. The lawful
stabilization rents are established on the attached charge which is fully
made a part of this order. The amount of the rent overcharge through
March31, 19 85 is $285.39.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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