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.: BD 410176-RO
:
DRO DOCKET NO.: L 3118113-R
HERMAN REALTY CORP. CDR 29,440
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On April 2, 1987 the above named petitioner-owner filed a Petition for
Administrative Review against an order of the Rent Administrator 10
Columbus Circle, New York. This order concerned housing accommodations
known as Apartment 1F located at 310 East 12th Street, New York, NY 10003.
The order was issued March 12, 1987 and found a general rental overcharge
of $175.38 including interest.
This case began with the filing of a complaint by the tenant on March 31,
1984. He alleged he was living at the subject apartment pursuant to a 2
year lease which began March 1, 1984. He further alleged that he was
paying an "arbitrary inflated figure" for his initial rent and that all
subsequent increases were inflated. The landlord answered and supplied a
full rental history. His contention was that he had made certain
improvements to the apartment, when it was vacant, and incorporated these
improvements into the rent as the law allowed.
The Administrator properly applied the appropriate guidelines and
determined an overcharge of $175.38. The issue involved in the
determination of this appeal revolves around the increase for new
equipment. This increase was previously allowed by Section 20C(1) of the
former Rent Stabilization Code. It is now allowed by Section
2522.4(a)(1),(4) of the Rent Stabilization Code. As the apartment was
vacant, the petitioner required no approval of the tenant.
After a careful review of the record, the Commissioner grants this
petition. The Administrator allowed $995.00 in new equipment. One
fortieth of this amount equals $24.88 per month. The petitioner, however,
had submitted paid invoices totalling $1214.58. Applying the same
formula, the correct amount to be added to the base rent is $30.36. When
added to $519.57 this equals $549.93 in total allowable rent. The
overcharge is 21 cents per month x 24 months + 9% interest on all post
April 1, 1984 overcharges. This equals $525.
If the owner has already complied with the Administrator's order and there
are arrears due to the owner as a result of the present determination, the
owner is directed to allow the tenant to pay off the arrears in twelve
monthly installments. Should the tenant vacate after the issuance of this
order, or have previously vacated, said arrears shall be payable
immediately.
DOCKET NUMBER: BD 410176-RO
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted and that
the District Rent Administrator's order be, and the same hereby is,
revoked in its entirety, and it is found that there was no rent
overcharge.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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