BE 410074 RT
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 410074 RT
: DRO DOCKET NO.TC-058061-G
JOEL SEIDEMANN OWNER: PARKER 14TH ASSOC.
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 16, 1987, the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on April
14, 1987, by the Rent Administrator, 10 Columbus Circle, New York,
New York, concerning the housing accommodations known as 7 West 14th
Street, New York, New York, Apartment No. 12R South, wherein the
Rent Administrator determined that the tenant had not
been overcharged.
The Administrative Appeal is 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 November 1981, by
the filing of a rent overcharge complaint by the tenant who took
occupancy pursuant to a lease commencing August 1, 1980 and
expiring July 31, 1983 at a monthly rental of $899.45. In answer
to the complaint, the owner submitted a complete rental history
from the base date as required.
In Order Number CDR 29,870, the Rent Administrator, based on
an examination of the rental history of the subject apartment from
September 1, 1973, determined that no rent overcharge had
occurred.
In this petition, the tenant alleges in substance that there
was a rent overcharge of $9.37 per month on the basis that the
owner should have been credited with an electric inclusion
allowance under Guideline 6 rather than under Guideline 9. In
addition, the tenant contends that the owner was not entitled to
a guideline increase upon the tenant's initial occupancy of the
subject apartment on August 1, 1980 because the owner had already
received a guideline increase effective July 1, 1980 when the
BE 410074 RT
prior tenant extended her lease for one month.
The Commissioner is of the opinion that this petition should
be denied.
Pursuant to Guideline 9, in effect when a prior tenant's
lease commenced, an owner is entitled to a 4% increase when
electricity is included in the rent (hereafter electric inclusion
allowance) if the owner did not collect an electric inclusion
allowance under earlier guideline periods. In this case, an
examination of the rental history of the subject apartment
discloses that the owner did not take any electric inclusion
allowances prior to the Guideline 9 period. Accordingly, the Rent
Administrator correctly determined that the owner was entitled to
a Guideline 9 electric inclusion allowance of 4%.
Further, the Rent Administrator in calculating the initial
lawful stabilization rent of the tenant herein effective August 1,
1980 for a three year vacancy lease under Guideline 12 allowed the
owner a 23 1/2% rent increase (17% + 5% vacancy allowance + 1 1/2%
electric inclusion allowance) over the previous tenant's rent in
effect on June 30, 1980 - prior to the increase for the one month
lease extension. Accordingly, there was no compounding of
guideline increases during the same guideline period and the Rent
Administrator correctly determined that there was no rent
overcharge.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, 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, affirmed.
ISSUED
ELLIOT SANDER
Deputy Commissioner
BE 410074 RT
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