ARL 11575 K
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 11575 K
DRO DOCKET NO.: K 3102532 R
MARTON LOB,
ORDER NO.: CDR 17989
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVIE REVIEW
On June 30, 1986, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on June 10,
1986 by the Rent Administrator, 10 Columbus Circle, New York, New York
concerning the housing accommodation known as apartment 1H, 199 East
2nd Street, Brooklyn, New York wherein the Administrator established
the lawful stabilization rent and directed the owner to refund an
overcharge of $10,539.97 inclusive of excess security and treble
damages on the overcharge occurring on or after April 1, 1984.
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 petition for administrative review.
The tenant, Bertha Block, initiated this proceeding on March 31,
1984 by filing a complaint of rent overcharge with the former New York
City Conciliation and Appeals Board (CAB), based in part or the owner's
alleged refusal to provide a rental history. The tenant stated she had
moved into the subject apartment pursuant to a two year lease
commencing December 2, 1977 and terminating November 30, 1979.
A copy of the complaint, along with a notice informing the owner
of the requirement of producing rent records of the subject apartment
from its base date, was served on the owner on September 20, 1984.
Although no owner response appears in the file, the record
indicates that a response from the owner was received and sent to the
tenant for comment.
On May 6, 1986, a Final Notice of Pending Default was sent to the
owner. The owner did not respond to the final notice.
Due to the owner's apparent failure to respond, in the order here
under review, the Administrator applied default procedures used
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pursuant to Section 42A of the former Code to determine the lawful
stabilization rent and directed the owner to refund an overcharge of
$10,539.97.
On appeal, the owner requests reversal of the Administrator's
order. The owner states that the apartment was statutorily
decontrolled under Docket Number 2DR 165894 and that the first rent
stabilized tenant took occupancy on December 15, 1975. A complete set
of leases beginning December 15, 1975 is submitted with the petition.
Based on the evidence of record, the Commissioner finds it
appropriate to accept the rental history which was submitted with the
appeal. A review of these leases reveals that no overcharge occurred.
The complainant commenced occupancy December 1, 1977 at a monthly
rent of $210.00 pursuant to a two year vacancy lease terminating
November 30, 1979. The prior tenant, who rented the subject apartment
from August 1, 1976 to July 31, 1977 paid $190.00 per month. Under
Rent Guideline Board Order number 9, the owner was entitled to a 13
1\2% rent increase when the complainant took occupancy. $190.00 + 13
1/2% (8 1\2% + 5%) = $215.65. Actual rent collected $210.00. Under
Rent Guidelines Board Order Number 11, the owner was entitled to an 8
1/2% rent increase for the one year renewal lease commencing December
1, 1979. $210.00 + 8 1/2% = $227.85. Actual rent collected $227.85.
If the owner has complied with the Administrator's order, the
tenant may owe arrears to the owner. If any arrears are owed to the
owner, the tenant may repay them in twenty-four equal payments for a
period of twenty-four 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, revoked.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
-2-
ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No(s).: ARL 11575 K
DRO Docket No.
Order No.: K 3102532 R; Order No. CDR 17989
Tenant(s): Bertha Block
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Owner: Marton Lob
Code Section 42A
Premises: Apt. 1H 199 East 2nd Street, Brooklyn,
New York.
Order and Opinion GRANTING PETITION FOR REVIEW
The Administrator found an overcharge based on the owner's
default. The record reveals no default and a rental history is
accepted on appeal. The Commissioner finds no overcharge.
APPROVED:
Processing Attorney:
Bureau Chief:
Deputy Counsel:
Deputy Commissioner:
Mailed copies of Order and Determination to:
Tenant(s)
Owner
Tenant's Attorney
Owner's Attornery
Date: : By
signature
ARL 11575 K
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