BA 410026-RT
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.:
BA 410026-RT
KAREN ALBERT, RENT ADMINISTRATOR'S
DOCKET NOS.:
TC 076868 G
PETITIONER CDR, 27,842
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING THE RENT ADMINISTRATOR'S ORDER
On January 7, 1987 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued December 3, 1986. The order concerned
housing accommodations known as Apartment 3-A located at 19 West
95th Street, New York, New York. The Administrator determined
that the tenant had been overcharged.
The tenant commenced this proceeding on September 23, 1983 by
filing a rent overcharge complaint. The owner answered and
supplied a full rental history. The Administrator calculated a
total overcharge of $1,248.94.
The Commissioner notes that this proceeding was initiated prior
to April 1, 1984. Sections 2526.1(a)(4) and 2521.1(d) 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, reference to sections of the Rent stabili-
zation Code (Code) contained herein are to the Code in effect on
April 30, 1987.
On appeal the tenant alleges that the Administrator erred in
calculating the overcharge. Specifically, the tenant points out
that the Administrator made a calculation error in assessing the
overcharge for the three-year lease beginning September 1, 1977
which had a graduated rent of $180.00 the first year, $190.00 the
second year, and $199.00 the third year. The Administrator
treated this as three one-year renewal leases and the tenant as-
serts that the percentage from a three-year renewal stated in
Guidelines Order No. 9 should have been applied.
The owner filed a response and stated that the Administrator's
order was correct and that a check had been tendered to peti-
BA 410026-RT
tioner for the $1,248.94 but the petitioner returned the check
uncashed.
After a careful review of the evidence in the record, the Commis
sioner is of the opinion that the petition should be granted.
The tenant is correct in pointing out the Administrator's failure
to properly calculate the rent for the September 1, 1977 lease.
Attached hereto is a rent calculation chart which sets forth the
proper rent history. The Commissioner has imposed interest on
the overcharges for all months beginning with April 1, 1984. The
Administrator's order is modified to reflect the Commissioner's
calculation.
This order may, upon the expiration of the period in which the
owner may institute a proceeding pursuant to Article Seventy
Eight of the Civil Practice Law and Rules, be filed and enforced
by the tenant in the same manner as a judgment or not in excess
of twenty percent thereof per month may be offset against any
rent thereafter due the owner.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is,
ORDERED, that this petition be, and the same hereby is, granted
and that the Rent Administrator's order be, and the same hereby
is, modified in accordance with this order and opinion.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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