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 410259 RO
: DRO DOCKET NO. T/A 11512
69 TIEMANN OWNER'S CORP. TENANT: LASKOWSKI/KALAIT-
ZIS
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN
PART
On June 10, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on May
6, 1987, by the Rent Administrator, 10 Columbus Circle, New York,
New York, concerning the housing accommodations known as 69
Tiemann Place, New York, New York, Apartment No. 37, wherein the
Rent Administrator determined the fair market rent pursuant to the
special fair market rent guideline promulgated by the New York
City Rent Guidelines Board for use in calculating fair market rent
appeals.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2521.1 (d) 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 October 1983, by
the filing of a fair market rent adjustment application by the
tenants.
The current and prior owners wer served with a copy of the
tenant's application and afforded an opportunity to submit June
30, 1974 or post June 30, 1974 comparability data for determining
the fair market rent of the subject apartment. The required
comparability data was not submitted.
In Order Number CDR 30188, the Rent Administrator adjusted
the initial legal regulated rent by establishing a fair market
rent of $307.73 effective April 15, 1981, the commencement date of
the initial rent stabilized lease and further determined that
excess rent of $16,440.30 had been paid through April 14, 1987.
Based on the failure to submit usable June 30, 1974 or post June
BF 410259 RO
30, 1974 comparability data, the Rent Administrator determined the
fair market rent using the special fair market rent guidelines
alone.
In this petition, the current owner contends in substance
that the Rent Administrator's order fails to take into account
court ordered rent abatements received by the tenants and when
this is done, no excess rent will be found to have been paid. the
owner submitted copies of the court stipulations involving the
rent abatements in support of its contention.
In answer to the owner's petition, the tenants concede that
there were rent abatements but contends that substantial excess
rent was still paid.
The Commissioner is of the opinion that this petition should
be granted in part.
An examination of the record in this case including the court
stipulations discloses that the current owner is correct in its
contention that court ordered rent abatements received by the
tenants were not taken into account in determining the amount of
excess rent paid by the tenants. It is noted however that on two
month rent abatement period occurred prior to the time the current
owner acquired the subject premises and cannot be given
consideration herein. Moreover, the owner's calculations
determining that no excess rent was paid are not correct.
Taking the aforementioned factors into account, the
Commissioner has recalculated the amount of the excess rent owned
by the current owner. The lawful stabilization rents and the
amount of the excess rent owned to the tenants are set forth on
the amended rent calculation chart attached hereto and made a part
hereof.
The current owner is directed to roll back the rent to the
stabilized rent consistent with this decision and to refund or
fully credit against future rents over a period not exceeding six
months from the date of receipt of this order, the excess rent
collected by the current owner including excess security. In the
event the current owner does not take appropriate action to comply
within 35 days from the date of issuance of this order, the tenant
may credit the excess rent collected by the current owner against
the next month(s) rent until fully offset.
In addition the prior owner Louis Bombart is directed to
refund to the tenant $2967.12, representing the excess rent from
April 15, 1981 through August 14, 1983. This order is issued
without prejudice to the tenant's rights, if any, to proceed
against the prior owner in a court of competent jurisdiction.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
BF 410259 RO
ORDERED, that this petition for administrative review be, and
the same hereby is, granted in part, and, that the order of the
Rent Administrator be, and the same hereby is, modified to the
extent of redetermining the amount of excess rent collected by the
current owner. Accordingly, the lawful stabilization rents and
amount of excess rent are as established on the attached chart
which is fully made a part of this order. The amount of excess
rent owned by the current owner from August 15, 1983 through April
14, 1987 is $6248.31. The amount of excess rent owed by the prior
owner from April 15, 1981 through August 14, 1983 is $2967.12.
ISSUED
ELLIOT SANDER
Deputy Commissioner
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ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: BF 410259 RO
DRO Docket No/Order No.: T/A 11512
Tenant(s): Laskowski/Kalaitzis
Owner: 69 Tiemann Owner's Corp.
Code Section: 2521.1 (d) of RSC
Premises: 69 Tiemann Place, New York, New York, Apt. 37
Order and Opinion Granting Petition in Part
Petition granted in part to take into account rent abatements
granted to tenants in calculation of excess rent owed to tenants
APPROVED:
Processing Attorney:
Supervising Attorney:
Bureau Chief:
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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