ADM. REVIEW DOCKET NO. BC 410149 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.
BC 410149 RT
:
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO. TC 51536 I
DIANE LIEBELSON
PETITIONER :
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ORDER AND OPINION REMANDING PROCEEDING TO THE
RENT ADMINISTRATOR
On March 13, 1987, the above-named tenant filed a petition
for administrative review of an order issued February 12, 1987
by a Rent Administrator concerning the housing accommodation
known as Apartment 2B, 262 West 107th Street, New York, New York.
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.
On September 20, 1984, the tenant filed a fair market rent
appeal. The tenant stated that she took occupancy on April 1,
1984 and was the first rent-stabilized tenant after the subject
apartment was vacancy decontrolled.
The owner filed an answer to the original complaint. In its
answer the owner listed the rents for the "B" line of comparable
apartments. The owner noted that the rents listed were those
rents paid in 1986.
In the order issued February 12, 1987, the Administrator
determined that no excess rents had been collected and that the
fair market rent actually exceeded the initial legal regulated
rent. Accordingly, the tenant's application was found to be
without merit and was dismissed.
In the petition for administrative review, the tenant
alleges that the Administrator erred in the calculations and
ADM. REVIEW DOCKET NO. BC 410149 RT
requests a recomputation. The tenant alleges that the comparable
rents used and updated from 1974 with annual guideline increases
by the Administrator were actually the 1986 rents and not the
1974 rents.
After careful consideration, the Commissioner is of the
opinion that the proceeding should be remanded to the Rent
Administrator.
The tenant's claim in her petition for review is correct.
The Administrator incorrectly used the average rents paid in
the "B" line for rent-stabilized units for 1986. By using this
incorrect base figure and updating this figure with guidelines,
an incorrect conclusion was reached.
In addition, the owner was never afforded the opportunity
to submit comparability data in accordance with proper procedures
applicable to those fair market rent appeals filed after April
1, 1984.
Accordingly, the Commissioner is of the opinion that this
proceeding requires further processing.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this proceeding be, and the same hereby is,
remanded to the Rent Administrator for further processing in
accordance with this order and opinion, and that the
Administrator's order be, and the same hereby is, revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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