Docket Number: BA-210054-RO
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.: BA 210054-RO
MELOHN PROPERTIES, DRO DOCKET NO.: K 3101989-R
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN
PART AND MODIFYING DISTRICT RENT ADMINISTRATOR'S ORDER
On January 13, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review of an order issued on December 9,
1986, by the District Rent Administrator, 10 Columbus Circle, New
York, New York concerning the housing accommodations known as
Apartment 2-E at 2222 E. 18th Street, Brooklyn, New York wherein the
District Rent Administrator determined that the tenant had been
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 a rent
overcharge complaint by the tenant. The tenant took occupancy
pursuant to a lease commencing January 1, 1978 and expiring
December 31, 1980 at a monthly rent of $258.00.
In Order Number CDR28, 175, the District Rent Administrator
determined the lawful stabilized rent from the base date, determined
that the tenant had been overcharged in the amount of $1,093.37,
including interest on overcharges collected on or after April 1,
1984, and directed the refund of such amount to the tenant.
In this petition, the owner asserts that the Administrator's order
does not include a rent history chart although the order states that
such a chart is annexed thereto, that the order contains only a
summary sheet which is ambiguous and erroneous and that the summary
sheet does not explain how the overcharge amounts were derived.
In answer to this petition, the tenant asserts that she should
receive all monies due her based on the rent overcharge
The DHCR subsequently served the owner with a copy of the
Administrator's order with a rental history chart attached.
In answer, the owner asserts that it advised the DHCR in April, 1986
that it had reduced the tenant's rent to the legal amount of $314.75
and credited the tenant's account in the sum of $937.46. The owner
Docket Number: BA-210054-RO
submitted a copy of a submission dated January 17, 1986 date-stamped
received by the DHCR April 9, 1986 which included a letter to the
tenant dated May 20, 1985 advising him of the rent reduction and
credit and a rent chart indicating how the owner had calculated the
rent and amount of refund. The owner questions the imposition of
interest by the Administrator since the owner reduced the rent in
The Commissioner is of the opinion that this petition should be
granted in part.
The record in this case indicates that the owner advised the DHCR by
submission date January 17, 1986 that it had adjusted the tenant's
rent effective June 1, 1985 and credited the tenant's account in the
sum of $937.46. (The DHCR's file copy of this submissi n is date-
stamped received by the DHCR on January 23, 1986.) However, the
Administrator failed to consider this rent adjustment and credit in
determining the amount of overcharge.
Regarding the owner's assertion that the imposition of interest was
improper the Commissioner finds that since the owner adjusted the
tenant's rent to the lawful amount effective June 1, 1985, interest
should be imposed for the period from April 1, 1984 to May 31, 1985.
The Administrator's order is also amended to include an increase of
$7.29 rather than $8.00 for a new refrigerator, as indicated in the
owner's rent chart.
The lawful stabilized rent and total amount of overcharge are
recalculated on the attached rental chart, which is fully made a
part of this order. The total amount of overcharge is $8.17. The
owner is directed to refund this amount to the tenant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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 to the extent hereinabove indicated.