STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.
STATE FUNDING CORPORATION, DISTRICT RENT
PETITIONER K 310557-R
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On June 9, 1987, the above-named owner filed a petition for
administrative review of an order issued on June 4, 1987, by a
District Rent Administrator concerning the housing accommodation
known as Apartment 5-K, 3080 Voorhies Avenue, Brooklyn, New
York, wherein the Administrator determined that the tenant had
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.
The subject tenant filed a complaint of rent overcharge with the
New York City Conciliation and Appeals Board (C.A.B.), the agency
formerly charged with enforcement of the Rent Stabilization Law.
On April 1, 1984 responsibility for the administration of rent
stabilization in New York City was transferred to the New York
State Division of Housing and Community Renewal (D.H.C.R.).
The tenant commenced occupancy on December 15, 1978 pursuant to a
three-year lease, expiring on December 31, 1981 at a monthly rent
In its answer, the owner provided a complete rental history of
the subject apartment.
In the order under review herein, the Administrator found that
there had been a rent overcharge of $168.45, including excess
security and accrued interest from April 1, 1984.
In its petition for review, the owner asserts that the
Adminis-trator neglected to compute the retroactive 1% rent
increase to the complainant's initial lease period, pursuant to
Guideline Order 10a. The owner further asserts that the
Administrator incorrectly granted a 15% increase for the three-
year lease commencing on January 1, 1982, because pursuant to
Guideline Order 13, the applicable guideline for that lease
period, the rent should have been increased by 16%.
The Commissioner is of the opinion that this petition should be
Guideline Order 10a retroactively increased the lawful rent
charged during the lease period starting on December 15, 1978 and
expiring on December 31, 1981 from $290.00 to $292.59. Subsequent
rent increases were correctly based on the $292.59 rent.
The Commissioner finds that the owner's second point is also
correct. The Administrator in calculating the legal rent for the
three-year lease commencing on January 1, 1982 should have
increased the rent by 16% pursuant to Guideline Order 13, instead
A review of the calculations shows that no overcharge had
occurred. Accordingly, the Commissioner is of the opinion that
the District Rent Administrator's order finding a rent overcharge
should be revoked.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, granted,
and that the Rent Administrator's order be, and the same hereby