BD 610442-RO
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
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
BD 610442-RO
CAPITAL HOLDING CO., DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.:
PETITIONER 18184
----------------------------------x
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING DISTRICT RENT ADMINISTRATOR'S ORDER
On April 28, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
March 27, 1987 by the District Rent Administrator, 10 Columbus
Circle, New York, New York, concerning housing accommodations
known as Apartment ST/NE at 3006 Decateur Avenue, Bronx, New York
wherein the 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 administrative appeal.
This proceeding was originally on July 24, 1984 by the filing of
an objection to the apartment registration by the tenant,
claiming that the rent being paid was an overcharge. The tenant
took occupancy pursuant to a lease commencing April 1, 1983 and
expiring March 31, 1986 at a monthly rent of $390.00.
In the order under appeal herein, the Administrator determined
that the tenant had been overcharged in the amount of $1,501.19
for the period from April 1, 1983 to March 31, 1986 and directed
the refund of such amount to the tenant.
In this petition, the owner contends that it took title to the
subject building on August 14, 1986 and the Administrator's order
should be modified to indicate that the owner is only liable for
overcharges from that date.
In answer to this petition, the tenant contends, among other
things, that he is entitled to a refund of the total amount of
the overcharge.
The Commissioner is of the opinion that this petition should be
granted in part.
Section 2526.1(f) of the current Rent Stabilization Code pro-
vides, in pertinent part, that:
1.for overcharges collected prior to April 1,
1984, an owner will be held responsible only for
his or her portion of the overcharges, in the
absence of collusion or any relationship between
such owner and any prior owner; and
2.for overcharges collected on or after April 1,
1984, a current owner shall be responsible for all
overcharge penalties, including penalties based
upon overcharges collected by any prior owner.
An examination of the rental history for the subject apartment
reveals that the subject premises was conveyed from the prior
owner, the Estate of Manuel Ribler and Phylis Ribler, to another
prior owner, John and Briget Warren, on September 30, 1983 and
was thereafter conveyed from the prior owner John and Briget
Warren to the current owner, Capital Holding Co., on August 14,
1986. Although the current owner first acquired the subject
premises on August 14, 1986, it is jointly and severally
responsible with the second prior owner (John and Briget Warren)
for the overcharges occurring from April 1, 1984 to August 14,
1986 and thereafter individually responsible for the overcharges
occurring from August 14, 1986. This finding is without preju-
dice to any action that the current owner may have against the
second prior owner (John and Briget Warren) for overcharges
reimbursed by the current owner which the second prior owner
collected.
The Administrator calculated a total amount of overcharges of
$1,501.19 for the period from April 1, 1983 to March 31, 1986.
The liability for this amount is allocated as follows:
-The first prior owner (Estate of Manuel L. Ribler
and Phylis Ribler) is responsible for refunding a
total overcharge of $235.86 - the amount of
overcharge occurring from April 1, 1983 to
September 30, 1983;
-The second prior owner (John and Briget Warren)
is responsible for refunding a total overcharge of
$235.86 - the amount of overcharge occurring from
September 30, 1983 to March 31, 1984; and
-The second prior owner (John and Briget Warren)
and the current owner (Capital Holding Co.) are
jointly and severally liable for refunding a total
overcharge of $1,029.47 - the amount of over-
charges occurring from April 1, 1984 to March 31,
1986, including interest.
Because this determination concerns lawful rents only through
March 31, 1986, the owner is cautioned to adjust subsequent rents
to an amount no greater than that determined by this order plus
any lawful increases, and to register any adjusted rents with
this order and opinion being given as the explanation for the
adjustment.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be and the same hereby is granted in
part and that the District Rent Administrator's order be and the
same hereby is modified to the extent hereinabove indicated.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
|