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.: BC 410350-RO
DRO DOCKET NO.: ZL 005240-R
ARWIN 74TH STREET CO.,
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN PART
On March 18, 1987 the abovenamed petitioner owner filed a Petition for
Administrative Review against an order of the Rent Administrator Gertz
Plaza 92-31 Union Hall Street, Jamaica, New York issued March 9, 1987.
The order concerned housing accommodations known as Apartment 21-K located
at 300 East 75th Street New York, New York 10021. The Administrator
determined that the tenant had been overcharged.
The tenant commenced this proceeding by filing a rent overcharge complaint
on September 23, 1985. The building in question was subject to Section
421-a of the Real Property Tax Law. The owner was permitted 9 rent
increases of 2.2% of the initial rent ($1,050 per month). The rent as of
April 1, 1984 was deemed to be $1,720.00. A total overcharge of $554.10
was calculated including interest and excess security.
In its petition the owner makes two arguments. First, it claims that the
Administrator failed to take into account certain adjustments and credits
in the rent. Second, it claims certain errors in computation of the
overcharge and questions the Administrator's figure of $2,041.28 as the
rent charged for the period may 1, 1986 to July 31, 1986. The
Commissioner has carefully considered the evidence in the record. The
petition is granted in part.
As to petitioners contention that the rent was adjusted and credits were
issued, the tenant disputed that assertion and petitioner has offered no
other proof. The Commissioner has reduced the overcharge based on
calculation errors. Petitioner has proven that the May 1, 1986 to July
31, 1986 rent was $2,018.18. Attached hereto is a rent calculation chart
which sets forth the proper calculations.
If the current owner has already complied with the Rent Administrator's
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
DOCKET NUMBER:BC 410350-RO
ORDERED, that this petition be, and hereby is, granted in part and that
the Rent Administrator be, and hereby is, modified in accordance with this
order and opinion.