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. BE 120244 RO
: DRO DOCKET NO. ZAK-120002-R
31-32 29 STREET REALTY, INC.
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW AND
MODIFYING RENT ADMINISTRATOR'S ORDER
On May 27, 1987, the above-named petitioner-landlord filed a
Petition for Administrative Review against an order issued on May
20, 1987, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
31-32 29 Street, Queens, New York, Apartment No. 4E.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2202.3 of the Rent and Eviction Regulations
for New York City.
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 initiated on October 22, 1986 by the
tenant's filing of a rent overcharge complaint.
The Rent Administrator's order, appealed herein, listed the
monthly maximum collectible rents for the subject apartment as
$95.26 effective January 1, 1979, $102.41 effective January 1,
1986 and $110.09 effective January 1, 1987 not including any fuel
cost adjustments which the landlord may be entitled to collect.
This order was based upon an examination of the maximum base
rent records for the subject apartment. Such records disclosed
that the landlord was not eligible to receive maximum base rent
adjustments for 1980 through 1985.
On appeal, the landlord alleges in substance that the monthly
maximum collectible rent should have been listed as $99.57
effective January 1, 1979 rather than $95.26, that accordingly the
January 1, 1986 monthly maximum collectible rent should have been
listed as $107.03 and the January 1, 1987 monthly maximum
collectible rent should have been listed as $115.05, and that the
BE 120244 RO
tenant's complaint should have been dismissed because it was not
filed within ninety days of tenant receipt of the 1984 apartment
registration.
The Commissioner is of the opinion that this petition should
be denied.
An examination of the maximum base rent records in this case
discloses that the monthly maximum collectible rents of the
subject apartment were correctly determined in that the January 1,
1972 monthly maximum collectible rent was $57.41 and the landlord
was then entitled to 7 1/2% maximum base rent increases for 1973,
1974, 1975, 1976, 1977, 1978 and 1979 making the January 1, 1979
monthly maximum collectible rent $95.26 as listed in the Rent
Administrator's order. The owner was then denied maximum base
rent increases until October 1, 1986 so that the monthly maximum
collectible rent was $102.41 effective October 1, 1986 rather than
January 1, 1986 as listed in the Rent Administrator's order and
$110.09 effective January 1, 1987 as listed in the Rent
Administrator's order. Further the tenant was not limited to a
ninety day period after receipt of the 1984 apartment registration
in filing his overcharge complaint since such limitation applies
only to rent stabilized tenants.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be, and the same hereby is, modified to show a
monthly maximum collectible rent of $102.41 effective October 1,
1986 rather than effective January 1, 1986. In all other respects
the Rent Administrator's order is affirmed.
ISSUED
ELLIOT SANDER
Deputy Commissioner
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ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: BE 120244 RO
DRO Docket No/Order No.: ZAK-120002-R
Tenant(s): Paul Schaffer
Owner: 31-32 29 Street Realty, Inc.
Code Section: 2202.3 of Rent and Eviction Regulations
Premises: 31-32 29 Street, Queens, New York, Apt. 4E
Order and Opinion Denying Petition and Modifying Order
Petition denied on basis rent records disclose maximum
collectible rents of subject apartment were correctly determined.
Order modified to change effective date from January 1, 1986 to
October 1, 1986.
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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