BF 410415 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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: BF 410415 RO
DISTRICT RENT OFFICE
DOCKET NO.: L3117613 R/T
320 West 87th Street, Co., CDR 30,265
TENANT: C. Crippen
PETITIONER A. Whiting
------------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On June 19, 1987, the above-named petitioner-owner filed a Petition for
Administrative Review against an order issued on May 28, 1987, by the
Rent Administrator, 10 Columbus Circle, New York, New York, concerning
the housing accommodations known as 320 West 87th Street, New York,
Apartment No. #31, 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 February 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 CDR 30,265, the Rent Administrator determined that the
tenant had been overcharged in the amount of $376.14, and directed the
owner to refund such overcharge to the tenant.
In this petition, the owner contends in substance that the subject
apartment was purchased as a coop by the tenant on October 28, 1985 and
that the entire security deposit was returned at that time. The owner
stated that the calculation of total rent overcharge
included in the Rent Administrator's order is erroneous because the Rent
Administrator computed the overcharge through August 31, 1986 and
included excess security.
The Commissioner is of the opinion that this petition should be granted.
BF 410415 RO
An examination of the records in this case discloses that the owner
informed the Rent Administrator on September 29, 1986 and February 13,
1987 that the tenant had purchased the subject apartment under the
effective cooperative ownership plan and subsequently vacated without a
forwarding address.
Information on file with the Agency indicates that a non-eviction
cooperative ownership plan for the subject building became effective
January 18, 1985. The subject apartment was only registered as rent
stabilized for the April 1, 1984 and April 1, 1985 registrations.
Accordingly, taking the aforementioned factors into account, the
Commissioner has recalculated the rent overcharge through October 28,
1985 as follows:
Total Overcharge from September 1, 1980 through
August 31, 1986
with interest assessed from April 1, 1984 = $376.14
minus Total Overcharge with interest from -53.27
11/1/85 through 8/31/86 (10 mos.) @ $5.15 a month
$322.87
minus Excess Security @ $5.15 - 5.15
Total Adjusted Overcharge
from September 1, 1980 through October 28, 1985 = $317.72
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 in the same manner as a judgment.
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, modified in accordance with this order and opinion.
The lawful stabilization rents and the amount of the rent overcharge are
established as cited in this order. The amount of the adjusted rent
overcharge through October 28, 1985 is $317.72.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
BF 410415 RO
|
