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. BF 210115 RO
: DRO DOCKET NO. 38514
MIDWOOD MANAGEMENT TENANT: ANTHONY DESTEFANO
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On June 23, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on June
11, 1987, by the Rent Administrator, 10 Columbus Circle, New York,
New York, concerning the housing accommodations known as 3601
Kings Highway, Brooklyn, New York, Apartment No. F10, 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. In
answer to the complaint the owner submitted a complete rental
history for the subject apartment.
In Order Number 38514, the Rent Administrator determined that
the tenant had been overcharged in the amount of $145.96 and
directed the owner to refund such overcharge to the tenant.
In this petition, the owner contends in substance that the
Rent Administrator's order incorrectly listed the lease commencing
November 1, 1986 at $299.32 per month in rent as having commenced
November 1, 1985 and that when this error is corrected it is
apparent that no rent overcharge occurred.
The tenant did not file an answer to the owner's petition.
The Commissioner is of the opinion that this petition should
be granted.
BF 210115 RO
An examination of the records in this case discloses that the
Rent Administrator's order incorrectly included a lease commencing
November 1, 1985 and expiring October 31, 1987 at a rental of
$299.32 per month whereas in fact the tenant was charged a rental
of $260.87 per month from November 1, 1984 through October 31,
1986. The rent was then increased to $299.32 per month from
November 1, 1986 to October 31, 1988 pursuant to Guideline 18
which allowed a guideline increase of 9% plus an allowance of
$15.00 for rents less than $350.00 per month for two year renewal
leases. Since the rent increase was in accordance with Guideline
18, no rent overcharge occurred.
If the owner has already complied with the Rent
Administrator's order and there are arrears due to the owner as a
result of the instant determination, the tenant is permitted to
pay off the arrears in six equal monthly installments. Should the
tenant vacate after the issuance of this order or have already
vacated, said arrears shall be payable immediately.
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, granted, and, that the order of the Rent
Administrator be, and the same hereby is, revoked, and it is found
that there was no rent overcharge.
ISSUED
ELLIOT SANDER
Deputy Commissioner
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ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: BF 210115 RO
DRO Docket No/Order No.: 38514
Tenant(s): Anthony Destefano
Owner: Midwood Management
Code Section: 2526.1 of RSC
Premises: 3601 Kings Highway, Brooklyn, New York, Apt. F10
Order and Opinion Granting Petition
Petition granted on the basis that Rent Administrator
incorrectly listed a lease for the subject apartment. When this
error is corrected, it is apparent that no rent overcharge
occurred.
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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