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.
PIERRE CONGRESS APARTMENTS, DISTRICT RENT
PETITIONER L 3116190-RT
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On January 5, 1987, the above-named owner filed a petition for
administrative review of an amended order issued on December 1,
1986 by a District Rent Administrator concerning the housing
accommodations known as Apartment 1101, 19 West 69th Street, New
York, New York, wherein the District Rent Administrator deter-
mined that the tenant had been overcharged rent in the amount of
$2,976.35 including interest.
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 review.
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 contained herein are to the Code in effect on March
31, 1984, and this proceeding is being determined pursuant
This proceeding was commenced on March 31, 1984 by the tenant's
filing of an overcharge complaint and Fair Market Rent Appeal.
The owner responded and submitted a complete rent history from
the date the subject apartment became decontrolled.
In the order reviewed herein, the Administrator found that there
was a rent overcharge, in the amount of $2,976.35 including ex-
cess security and accrued interest from April 1, 1984. The Fair
Market Rent Appeal was dismissed because the initial rent charged
was not subject to challenge.
In the owner's petition it asserts that the monthly rental for
the subject apartment has always included electricity at no
charge to the subject tenant and therefore it is entitled to
collect the 4% electrical inclusion allowance under Guideline
Board Order Nos. 9 & 13.
The tenant in her answer agrees that electricity was included in
the monthly rent for the subject apartment.
After careful consideration the Commissioner is of the opinion
that this petition for administrative review should be granted
The Commissioner finds that the rent for the subject apartment
does in fact include electricity as shown on the annexed rent
calculation chart which is fully a part of this order and
opinion. The recalculation of the rent reveals that the tenant
has been overcharged in the amount of $1,858.65.
In the instant case the record reveals that the owner did not
collect the full permissible electrical inclusion under Guide-
lines Order No. 7; however, it did collect part of it. The
Commissioner notes that the electrical inclusion under Rent
Guidelines Order No. 9 provides that this allowance does not
apply to any dwelling unit as to which an increase for electrical
inclusion was collected under Guideline Order No. 6 (et. seq.), 7
or 8; therefore, as the owner did receive an increase for
electrical inclusion under Guideline Order No. 7, the 4%
electrical inclusion under Guideline Order No. 9 is not here
collectible. The annexed chart also includes an electrical
inclusion allowance under Guideliine Order No. 13.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, granted
in part, and that the Rent Administrator's order be, and the same
hereby is, modified, as set forth herein and as appears on the
annexed Rent Calculation Chart, which is hereby made fully a part
of this order and opinion; and it is
FURTHER ORDERED, that this order may, upon the expiration of the
period in which the owner(s) may institute a proceeding pursuant
to Article 78 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; and it is
FURTHER ORDERED, that if the owner has already complied with the
Rent Administrator's order and there are arrears due to the owner
as a result of the instant determination, the tenant shall be
permitted to pay off the arrears in twenty-four equal monthly
installments. Should the tenant vacate after the issuance of this
order or have already vacated, said arrears shall be payable