BF 210287 RO
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 210287 RO
: DRO DOCKET NO.ZL-005754-R
ROYAL REALTY CO. TENANT: LEAH FEURTADO
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 29, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on May
27, 1987, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
2121 Westburg Court, Brooklyn, New York, Apartment No. 5B, 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, 1985,
by the filing of a rent overcharge complaint by the tenant in
which the tenant stated that she first moved to the subject
apartment on October 1, 1983 at a rental of $340.00 per month and
questioned the high amount of the rent increase she was paying
subsequent thereto.
In answer to the complaint, the owner submitted a complete
rental history for the subject apartment and stated that effective
March 30, 1984 under docket OM-5395, it was entitled to a rent
increase of 18.09% due to a "moderate rehabilitation" of the
subject premises.
In Order Number ZL-005754-R, the Rent Administrator
determined that the owner was entitled to only a 5% rent increase
due to the "moderate rehabilitation" and based thereon found that
the tenant had been overcharged in the amount of $1066.09 through
May 31, 1987. The owner was directed to refund the overcharge to
the tenant and the lawful stabilization rent was established at
$380.21 effective October 1, 1985.
BF 210287 RO
In this petition, the owner alleges in substance that it is
entitled to a 18.09% increase pursuant to docket OM-5395.
The Commissioner is of the opinion that this petition should
be denied.
An examination of docket OM-5395 discloses that under said
docket, the owner was entitled to a 5% rent increase of the rent
in effect in October, 1983, effective March 30, 1984 for all the
rent stabilized apartments in the subject premises due to the
"moderate rehabilitation" of the subject premises and was entitled
to an additional rent increase of 13.09% of the rent in effect in
October, 1983, with respect to any rent stabilized apartment that
has become vacant after October, 1983.
In the instant case, the evidence of record discloses that
the tenant herein moved to the subject apartment on October 1,
1983, and has remained in occupancy. Accordingly, the subject
apartment did not become vacant after the month of October 1983,
and the owner may not charge the complaining tenant more than the
5% rent increase allowed by the Rent Administrator for the
"moderate rehabilitation". Therefore, the Rent Administrator's
order was warranted.
Because this determination concerns lawful rents only through
May 31, 1987, the owner is cautioned to adjust subsequent rents
to an amount no greater than that determined by the Rent
Administrator's order plus any lawful increases and to register
any adjusted rents with this order and opinion being given as the
explanation for the adjustment.
This order may upon the expiration of the period in which the
owner may institute a proceeding pursuant to Article 78 of the
Civil Practice Law and Rules, be filed and enforced as a judgment
or not in excess of twenty percent per month of the overcharge may
be offset against any rent thereafter due the owner.
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
BF 210287 RO
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