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.: AL 410788-RO
MILFORD MANAGEMENT CORP., AS AGENT DRO DOCKET NO.: L 3112427-RT
FOR LINCOLN PLAZA ASSOCIATES,
PETITIONER : TENANT: JONAS GREEN
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On December 12, 1986, the above-named petitioner-owner filed a Petition
for Administrative Review of an order issued on November 7, 1986, by the
Rent Administrator, 10 Columbus Circle, New York, New York concerning
housing accommodations known as Apartment 40M located at 20 West 64th
Street, New York, New York wherein the Rent Administrator determined that
the tenant had been overcharged.
The Commissioner notes that this proceeding was initiated prior to April
1, 1984. Sections 2526.1(a)(4) and 2521.1(d0 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, any reference in this order and opinion to Sections
of the Rent Stabilization Code is to the Code in effect on April 30, 1987,
and this proceeding is being determined in accordance therewith.
The issue in this appeal is whether the Administrator's order was
The Commissioner has reviewed all of the evidence in the record and has
carefully considered that portion of the record relevant to the issues
raised by the administrative appeal.
This proceeding was originally commenced by the filing of an overcharge
complaint by the tenant with the New York City Conciliation and Appeals
Board, one of the predecessor agencies to the DHCR. The tenant took
occupancy pursuant to a lease commencing November 1, 1976 and expiring
October 31, 1978 at a monthly rent of $510.00.
The owner was served with a copy of the complaint and was requested to
submit rent records to prove the lawfulness of the rent being charged. In
answer to the complaint, the owner submitted leases from the base date.
In Order Number CDR #26,366, the Rent Administrator established the
lawful stabilized rent as of November 1, 1981 as $619.21 per month through
October 30, 1984; and directed the owner to refund overcharges of $4016.23
to the tenant, including interest on all overcharges collected on or after
April 1, 1984.
DOCKET NUMBER: AL 410788-RO
In this petition, the owner contends that the Rent Administrator erred in
its calculation of the overcharge, and that the owner had not overcharged
the tenant to the extent which the DHCR claims; that if the calculations
are corrected, the total overcharge will be found to be $230.10; and that
since no overcharge was collected on or after April 1, 1984, the tenant is
not entitled to collect any interest or excess security.
The tenant did not respond to this petition.
The Commissioner is of the opinion that this petition should be granted.
The Commissioner finds that the Administrator failed to calculate the
lawful stabilized rent from the base date of June 30, 1974, utilized
incorrect amounts as the rents actually charged the tenants, applied
Guidelines increases for inaccurate lease terms, and omitted the
Guidelines 10b fuel adjustment.
The Commissioner has recalculated the lawful stabilized rents and
determined the overcharges collected from the tenant, which total $231.24.
These are shown in the attached rent calculation chart, which is hereby
made a part of this order.
If the owner has already complied with the Administrator's order, and
there are arrears due the owner as a result of the instant determination,
said arrears shall be paid by the tenants in equal monthly installments
over the next twelve (12) months.
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 pursuant to this
order and opinion.