AL 610043 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 610043 RO
DISTRICT RENT OFFICE
Macade Enterprises, DOCKET NO.: B-3101148-R/T
TENANT: Bridie Kane
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART
On December 3, 1986, the above-named owner filed a Petition for
Administrative Review against an order issued on November 12,
1986, by the Rent Administrator, Columbus Circle, New York, New
York, concerning the housing accommodations known as 3260 Perry
Avenue, Bronx, New York, Apartment No. 4AS, in which order the
Administrator had established the lawful stabilized rent for
those premises and had ordered the refund of overcharges.
This proceeding originated in 1984, with the filing of an
overcharge complaint with the predecessor of the above-referenced
Division. In September of 1984 the owner advised the Division,
enclosing documentation, that it had paid the tenant $121.00 by
way of a refund.
In the above-referenced order here appealed, the Administrator
established the lawful rent as $315.27 through April 30, 1984,
and found a total overcharge of $409.25. Petitioner disputes
both those figures in arguing that there is no remaining
overcharge.
The owner first contends that the order omits a monthly increase
of $3.20 allowed by the Division as of 1982. Divisional records
indeed show that a rental increase of 0.99% was granted effective
October 28, 1982, but that the monthly increase thus permitted
was only $3.12. The adjustment is included in the calculation
chart appended to this opinion, which is hereby incorporated
therein.
The second assignment of error pertains to the aforementioned
$121 refund. The evidence before the Administrator duly
established same, the tenant has not disputed it, and it has
accordingly been included in the Commissioner's calculations
herein.
The petition finally states that the Administrator erred in
listing the actual rent in the lease commencing May 1, 1982, as
$331.64, when in fact the tenant had paid $323.64. Petitioner is
correct, as no basis for the former figure is apparent from the
AL 610043 RO
record, and as the tenant's complaint itself contains the latter
one. The calculations, which have been adjusted accordingly,
yield a lawful rent of $318.39 as of April 30, 1984, and a total
overcharge of $28.66.
Because this determination concerns lawful rents only through
April 30, 1984, the owner is cautioned to adjust subsequent rents
to an amount no greater than that determined by the Rent
Administrator's order plus any lawful increases, and to register
any adjusted rents with this order and opinion being given as the
explanation for the adjustment.
Upon the expiration of the period in which the owner may
institute a proceeding pursuant to Article 78 of the Civil
Practice Law and Rules, not in excess of twenty percent per month
of the overcharge may be offset against any rent thereafter due
the owner.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is granted
to the extent set forth above, and that the Rent Administrator's
order be and the same hereby is modified to the same extent.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
AL 610043 RO
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