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
APPEALS OF DOCKET NO. BC 410544 RO
: BC 410513 RO
SULZBERGER-ROLFE, INC. AND BC 410312 RO
M. J. RAYNES DRO DOCKET NOS.: L-3110814-R
PETITIONERS : TENANT: MARGARET M. BRESLIN
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ORDER AND OPINION GRANTING PETITIONS FOR ADMINISTRATIVE REVIEW
On March 11, 1987 and March 13, 1987, the above-named
petitioner-owner and prior owner filed Petitions for
Administrative Review against an order issued on February 6, 1987,
by the Rent Administrator, 10 Columbus Circle, New York, New York,
concerning the housing accommodations known as 205 West End
Avenue,New York, New York, Apartment No.20K, wherein the Rent
Administrator determined that the owner had overcharged the
tenant. These petitions are being consolidated for determination
herein.
The Commissioner notes that this proceeding was filed 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
Stabilization Code (Code) contained herein are to the Code in
effect on April 30, 1987.
The Administrative Appeals are being determined pursuant to
the provisions of Section 2526.1 of the current Rent Stabilization
Code.
The issue herein is whether the Rent Administrator's order
was warranted.
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 appeals.
This proceeding was originally commenced in March 1984 by the
filing of a rent overcharge complaint by the tenant. In answer to
the complaint the prior owner submitted a complete rental history
for the subject apartment.
In Order Number CDR 28,850, the Rent Administrator determined
that the tenant had been overcharged in the amount of $1159.35 and
BC 410544 RO et al
directed the owner and prior owner to refund such overcharge to
the tenant.
In these petitions, the owner and prior owner contend in
substance that the Rent Administrator's order failed to take into
account electrical inclusion allowances and a 1% increase
pursuant to Guideline 10a and that when this is done, it is
apparent that no rent overcharge occurred.
The tenant did not file an answer to the petitions.
The Commissioner is of the opinion that these petitions
should be granted.
An examination of the records in this case discloses that
electricity is included in the rent of the subject apartment and
that the owners are correct in their contention that the Rent
Administrator failed to take into account electrical inclusion
allowances pursuant to Rent Guideline Orders Number 10 (1/2%) and
13 (4%), and failed to allow an additional 1% guideline allowance
pursuant to Guideline 10a which the prior owner in fact charged
according to a lease clause in the tenant's lease allowing the
rent to be increased pursuant to any guideline increase. The use
of such allowances and additional 1% increase makes the lawful
stabilization rents $360.35 effective April 1, 1979 to March 31,
1982; $432.42 effective April 1, 1982 to March 31, 1985; and
$471.34 effective April 1, 1985 to March 31, 1987. Since the
owner and prior owner in fact charged rents at the above amounts,
there was no rent overcharge and the Rent Administrator's order to
that effect must therefore be revoked.
If the current owner has already complied with the
Administrator's order and there are arrear due to the owner as a
result of the instant determination, the tenant is permitted to
pay off the arrears in twelve equal monthly installments. Should
the tenant vacate after the issuance of this order or have already
vacated, said arrears shall be payable immediately.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that these petitions for administrative review be,
and the same hereby are, 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.
ISSUED
ELLIOT SANDER
Deputy Commissioner
ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: BC 410544 RO, BC 410513 RO, BC 410312 RO
DRO Docket No/Order No.: L-3110814-R
Tenant(s): Margaret M. Breslin
Owner: Sulzberger-Rolfe, Inc. and M. J. Raynes
Code Section: 2526.1 of RSC
Premises: Apt. 20K at 205 West End Avenue, New York, New York
Order and Opinion Granting Petitions
Petitions granted on the basis that Rent Administrator
incorrectly failed to credit owners with electrical inclusion
allowances and Guideline 10a increase to which the owners were
entitled.
APPROVED:
Processing Attorney:
Supervising Attorney:
Director:
Deputy Commissioner:
Mailed copies of Order and Determination to:
Tenant(s)
Owner
Tenant's Atty
Owner's Atty
Date: : by
signature
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