BD 210457 RO
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. BD 210457 RO
DISTRICT RENT ADMINISTRATOR'S
DOCKET NO. K 3103776 RT
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 30, 1987, the above-named owner filed a petition for
administrative review of an order issued on April 3, 1987, by a
District Rent Administrator concerning the housing accommodation
known as Apartment No. D-11, 742 Montgomery Street, Brooklyn, New
York, wherein the Rent Administrator determined that the tenant
had been overcharged.
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.
The subject tenant filed a complaint of rent overcharge with the
New York City Conciliation and Appeals Board (C.A.B.), the agency
formerly charged with enforcement of the Rent Stabilization Law.
On April 1, 1984 responsibility for the administration of rent
stabilization in New York City was transferred to the New York
State Division of Housing and Community Renewal (D.H.C.R.).
The tenant commenced occupancy on May 15, 1983 pursuant to a one
year lease, expiring on May 15, 1984, at a monthly rent of
In the order reviewed herein, the Administrator found that the
owner submitted a full rental history, and found total
overcharges in the amount of $439.26, including excess security
and accrued interest from April, 1984.
In its petition for review, the owner asserts that the rent prior
to the complaining tenant's occupancy was $216.45, and the
initial rent of $260.00 was derived by increasing $216.45 by the
applicable guideline increase and vacancy increase.
The Commissioner is of the opinion that this petition should be
Pursuant to Rent Guideline Order No. 14, which is applicable to
BD 210457 RO
leases commencing on May 15, 1983, the owner was entitled to a
4% rent increase for a one-year lease. In addition, Guideline
No. 14 did not permit any vacancy allowances. The rent in effect
prior to the applicable guideline order was $216.45. Therefore,
the tenant's initial legal regulated rent is $225.11, as
determined by the Administrator. Accordingly, the Commissioner
finds that the Administrator's order should be affirmed.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied,
and that the order of the Rent Administrator be, and the same
hereby is, affirmed; and it is
FURTHER ORDERED, that the owner shall immediately refund to the
tenant all amounts not yet refunded representing overcharges,
penalties, and excess security deposit; and it is
FURTHER ORDERED, that if the owner has not commenced a proceeding
pursuant to Article 78 of the Civil Practice Law and Rules for
judicial review of this order within 60 days of its issuance, the
tenant may recover the total overcharges of $439.26 (or so much
of it as may still be owing) by deducting it from the rent due to
the owner at a rate not in excess of twenty percent of the amount
of the penalty for any one month's rent.