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 410548 RO
: BC 410262 RO
HELMSLEY-SPEAR, INC. DRO DOCKET NOS.: L-3116490-RT
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On March 9, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
February 9, 1987, by the Rent Administrator, 10 Columbus Circle,
New York, New York, concerning the housing accommodations known as
45 Tudor City Place, New York, New York, Apartment No. 307,
wherein the Rent Administrator determined that the owner had
overcharged the tenant. The petition was assigned two docket
numbers.
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 Appeal is 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 appeal.
This proceeding was originally commenced in March 1984, by
the filing of a rent overcharge complaint by the tenant who stated
that he first moved to the subject apartment on January 1, 1982 at
a rental of $578.24 per month.
In answer to the complaint the owner submitted a complete
rental history for the subject apartment and indicated that
BC 410548 RO, BC 410262 RO
electricity was included in the rent.
In Order Number CDR 28,958, the Rent Administrator determined
that the tenant had been overcharged in the amount of $681.35 and
directed the owner to refund such overcharge to the tenant.
In this petition, the owner contends in substance that the
Rent Administrator's order failed to take into account a major
capital improvement rent increase of $6.58 effective October 11,
1980 and that when this is done, it is apparent that no rent
overcharge occurred.
The Commissioner is of the opinion that this petition should
be granted.
An examination of the records in this case discloses that
although the Rent Administrator noted in his order that the owner
was entitled to a major capital improvement rent increase
effective October 11, 1980, (docket OM-2459-heating system
modernization), said rent increase ($6.58) was not taken into
account in the rent calculation chart. When the owner is credited
with the $6.58 major capital improvement rent increase effective
October 11, 1980, and charged the prior tenant, it is apparent
that no rent overcharge occurred. The lawful stabilization rents
for the current tenant including the major capital improvement
rent increase are as follows: $578.24 effective January 1, 1982 to
December 31, 1982; $630.28 effective January 1, 1983 to December
31, 1985; and $671.25 effective January 1, 1986 to December 31,
1987. The owner in fact charged rents at the above amounts, and
therefore the Rent Administrator's order finding a rent overcharge
must be revoked.
If the owner has already complied with the Administrator's
order and there are arrears due to the owner as a result of the
instant determination, the tenant is permitted to pay off the
arrears in six 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 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 no rent overcharge occurred.
ISSUED
ELLIOT SANDER
Deputy Commissioner
ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: BC 410548 RO, BC 410262 RO
DRO Docket No/Order No.: L-3116490-RT
Tenant(s): Barry I. Schwartz
Owner: Helmsley-Spear, Inc.
Code Section: 2526.1 of RSC
Premises: 45 Tudor City Place, New York, New York, Apt. 307
Order and Opinion Granting Petition
Petition granted on basis Rent Administrator failed to credit
owner with a major capital improvement rent increase to which
owner was 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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