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. BE 110367 RO
: DRO DOCKET NO. TC-45723-G
GERALD GUTERMAN AND P. ZACCARO TENANT: SANFORD PLISKIN
PETITIONERS :
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
On May 5, 1987 and May 22, 1987, the above-nam d petitioner-
owner and prior owner filed Petitions for Administrative Review
against an order issued on April 29, 1987, by the Rent
Administrator, 10 Columbus Circle, New York, New York, concerning
the housing accommodations known as 162-41 Powell Cove Blvd.,
Queens, New York, Apartment No. 4M, wherein the Rent Administrator
determined that the owner had overcharged the tenant. These
petitions were consolidated under docket BE 110367 RO.
The Administrative Appeals are being determined pursuant to
the provisions of Section 2526.1 of the 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 July 1980, by the
filing of a rent overcharge complaint by the tenant herein who
first moved to the subject apartment on June 15, 1980 at a rental
of $608.11 per month.
The current owner and prior owner were served with a copy of
the tenant's complaint and directed to submit a complete rental
history. In response the current owner submitted a complete
rental history.
In Order Number TC-45723-G, the Rent Administrator determined
that the tenant had been overcharged in the amount of $355.25
during the period from June 15, 1980 to June 30, 1982, and
directed the owner to refund such overcharge to the tenant.
In these petitions, the current owner and prior owner allege
in substance that there was no overcharge in that the Rent
BE 110367 RO
Administrator failed to credit the owner with a 2 1/2 % fuel
adjustment effective June 1, 1979 in determining the vacancy rent
of the tenant herein and that the Rent Administrator failed to
include an additional charge for appliances. No evidence of any
appliances installed in the subject apartment was submitted with
the petitions.
The Commissioner is of the opinion that these petitions
should be denied.
The 2 1/2% fuel adjustment charged pursuant to Guideline 10B
was a separate charge and terminated when the lease to which it
applied expired. It is not part of the base rent and cannot be
included when computing subsequent lease increases. Accordingly,
the Rent ADministrator correctly did not include the temporary 2
1/2% fuel adjustment when calculating the vacancy rental of the
tenant herein effective June 15, 1980. In addition, the current
owner and prior owner did not submit any evidence or even make any
claims regarding the installation of "appliances" in the subject
apartment in the proceeding before the Rent Administrator.
Accordingly, the Rent Administrator correctly did not include any
allowance for appliances in determining the lawful stabilization
rents of the subject apartment.
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, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED
ELLIOT SANDER
Deputy Commissioner
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ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: BE 110367 RO
DRO Docket No/Order No.: TC-45723-G
Tenant(s): Sanford Pliskin
Owner: Gerald Guterman and P. Zaccaro
Code Section: 2526.1 of RSC
Premises: 162-41 Powell Cove. Blvd., Queens, New York, Apt. 4M
Order and Opinion Denying Petition
Petition denied on basis amount of rent overcharge was
correctly determined.
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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