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 610341 RO
: DRO DOCKET NO. 37163
LESTER THOMAS TENANT: P. WHITTINGHAM
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW AND
MODIFYING RENT ADMINISTRATOR'S ORDER
On May 21, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
April 20, 1987, by the Rent Administrator, 2 World Trade
Center, New York, New York, concerning the housing accommodations
known as 1950 Bryant Avenue, Bronx, New York, Apartment No. 1E,
wherein the Rent Administrator determined that the owner had
overcharged the tenant.
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 1984, by
the filing of a rent overcharge complaint by the tenant who first
moved to the subject apartment on September 15, 1983 at a rental
of $300.00 per month.
In answer to the complaint, the owner submitted a rental
history of the subject apartment.
In Order Number 37163, the Rent Administrator determined that
the tenant had been overcharged in the amount of $786.44 and
directed the owner to refund such overcharge to the tenant.
In this petition, the owner contends in substance that the
rent overcharge should have been $320.80 since the Rent
Administrator in his calculation chart failed to include the
December 15, 1982 vacancy lease of prior tenant Minto and that the
excess security found of $9.42 is not warranted since prior tenant
Minto was a cousin of the tenant herein and waived the return of
his security deposit so that the tenant herein submitted no
BE 610341 RO
additional security. In addition the owner points out a typo on
page two of the Rent Administrator's order which indicated a total
rent overcharge of $986.44 rather than $786.44.
The Commissioner is of the opinion that this petition should
be denied and the Rent Administrator's order modified.
An examination of the records in this case discloses that the
Rent Administrator correctly did not include the Minto vacancy
lease in the calculation of the overcharge since such lease
commenced on December 15, 1982, and the vacancy lease of the
tenant herein commenced on September 15, 1983 - both within the
Guidelines 14 period. The compounding of guideline increases
during the same guidelines period is prohibited and Guideline 14
did not provide for any vacancy allowance. Therefore the Minto
vacancy lease was correctly excluded by the Rent Administrator.
In addition, the owner has submitted no evidence in support of his
contention that the tenant did not pay excess security of $9.42.
Accordingly, the Rent Administrator's order finding a rent
overcharge of $786.44 including excess security of $9.42 is
affirmed and page two of said order listing a total overcharge of
$986.44 is modified to show a total overcharge of $786.44.
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 as modified in
accordance with this order and opinion.
ISSUED
ELLIOT SANDER
Deputy Commissioner
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ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: BE 610341 RO
DRO Docket No/Order No.: 37163
Tenant(s): Pauline Whittingham
Owner: Lester Thomas
Code Section: 2526.1 of RSC
Premises: 1950 Bryant Avenue, Bronx, New York, Apt. 1E
Order and Opinion Denying Petition
Petition denied on basis amount of rent overcharge was
correctly determined. Order modified to correct typo pointed out
by owner.
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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