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. BB 410219 RO
: DRO DOCKET NO. TC 082695-G
MARC WALLACK TENANT: MICHAEL DELIO
ORDER AND OPINION REOPENING ADMINISTRATIVE REVIEW
PROCEEDING AND GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On December 10, 1986, the above-named petitioner-owner filed
a Petition for Administrative Review against an order issued on
November 19, 1986, by the Rent Administrator, 10 Columbus Circle,
New York, New York, concerning the housing accommodations known as
14 East 80th Street, New York, New York, Apartment No. 3C, wherein
the Rent Administrator determined that the owner had overcharged
the tenant. On February 5, 1987, the Commissioner issued an Order
and Opinion Rejecting the Petition, and on February 20, 1987, the
petitioner-owner timely refiled the petition. However on March
25, 1987, an order was issued incorrectly dismissing the refiled
petition as untimely. A Notice of Proposed Order and Opinion
Reopening the Proceeding was issued on May 20, 1987, due to the
incorrect dismissal. The proceeding is reopened herein for
consideration on the merits.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2526.1 of the Rent Stabilization Code.
The issue herein is whether the Rent Administrator's order
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
This proceeding was originally commenced in December 1983, by
the filing of a rent overcharge complaint by the tenant in which
the tenant questioned the cost of renovations to the subject
apartment immediately prior to his tenancy which commenced on
November 23, 1983.
In answer to the complaint the owner submitted a complete
rental history for the subject apartment from May 15, 1974.
On Order Number 27,018, the Rent Administrator determined
that the tenant had been overcharged in the amount of $259.70
through February 28, 1985, and directed the owner to refund such
BB 410219 RO
overcharge to the tenant. The tenant vacated the subject
apartment on February 28, 1985.
In this petition, the owner contends in substance that he was
entitled to a 15% vacancy allowance pursuant to Guideline 15 upon
the initial occupancy of the tenant herein rather than the 10%
vacancy allowance given by the Rent Administrator and that
accordingly, no rent overcharge occurred.
The Commissioner is of the opinion that this petition should
Pursuant to Guideline 15, in effect when the complaining
tenant took occupancy on November 23, 1983, the vacancy allowances
are as follows:
1) 0% where vacancy allowances totalling 15% or more have been
charged pursuant to provisions governing new tenancies commencing
on or after July 1, 1979.
2) 5% where vacancy allowances totaling more than 0% but less than
15% have been charged pursuant to provisions governing new
tenancies commencing on or after July 1, 1979.
3) 10% where vacancy allowances were last charged pursuant to
provisions governing new tenancies commencing JUly 1, 1975 through
June 30, 1979.
4) 15% where no vacancy allowances have been charged pursuant to
provisions governing new tenancies commencing on or after JUly 1,
In the instant case, the record indicates that no vacancy
allowance had been charged or collected during the period from May
15, 1974 - the date of first occupancy of the initial rent
stabilized tenant - up to the initial occupancy of the tenant
herein. Accordingly, the owner was entitled to a 15% vacancy
allowance pursuant to Guideline 15 rather than the 10% allowed by
the Rent Administrator and no rent overcharge occurred.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, granted, and, that the order of the Rent
Administrator be, and the same hereby is, revoked, and it is found
that there was no rent overcharge.
ADMINISTRATIVE REVIEW BUREAU
ARB Docket No.: BB 410219 RO
DRO Docket No/Order No.: TC 082695-G
Tenant(s): Michael Delio
Owner: Marc Wallack
Code Section: 2526.1 of RSC
Premises: 14 East 80th Street, New York, New York, Apt. 3C
Order and Opinion Granting Petition
Petition granted on the basis owner was entitled to a 15%
vacancy allowance pursuant to Guideline 15 rather than the 10%
allowed by the Rent Administrator.
Mailed copies of Order and Determination to:
Date: : by