ARL 10582-Q
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. ARL 10582-Q
: DISTRICT RENT OFFICE
DOCKET NO. 19953
Three Towers Associates,
TENANT: Robert Mishkin
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 4, 1986, the above-named owner filed an administrative
appeal of an order issued on April 30, 1986, by the District Rent
Administrator (10 Columbus Circle, New York, New York), concerning
the housing accommodations known as 271 Grand Central Parkway,
Floral Park, New York, Apartment No. 22A, wherein the Administrator
ordered the owner to refund an overcharge of $35.05 to the tenant.
The tenant originally commenced this proceeding by filing an
objection to the owner's rent/services registration on August 14,
1984, in which he stated, among other things, that the rent he had
paid on April 1, 1984, was $971.96 and not the $1,008.78 registered
by the owner.
The District Rent Administrator's order, appealed herein, found that
the subject premises was built under the "421-A" program and that
therefore the owner was entitled to collect an annual charge of 2.2%
of the initial rent for a nine-year period. The Administrator
nevertheless found the aforementioned overcharge.
Petitioner here contends that the Administrator failed to take
account of the fact that an owner is entitled to collect accumulated
2.2% increases prospectively, which he states would negate a finding
of overcharge.
The Commissioner is of the opinion that this petition should be
denied.
Petitioner's assertion that the Administrator failed to allow for
later, prospective imposition of 421A increases is not borne out by
the latter's order, which allows a 2.2% increase for each of the
years that the owner was entitled to same. (Included is the
increase for 1981, the only year specifically complained of in the
petition. The Commissioner further notes that 421A increases not
taken by November 30, 1982, cannot be permanently incorporated in
the lawful rent when they are later taken prospectively but must
remain as separate charges in addition to the lawful rent.) The
Administrator's alleged failure to allow such increases being the
ARL 10582-Q
only assignment of error herein, the petition cannot be granted.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is denied, and
that the order of the Administrator be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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