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.:
CARRIAGE HOUSE COMPANY, ADMINISTRATOR'S DOCKET
PETITIONER TENANT: ROBERTA WOLFF
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On June 26, 1987 the above-named petitioner-landlord filed a
Petition for Administrative Review against an order issued on
June 18, 1987 by the District Rent Administrator, 99 Church
Street, White Plains, New York concerning the housing accommoda-
tions known as Apartment 567 at 1 Balint Drive, Yonkers,
New York, wherein the District Rent Administrator determined that
the landlord had overcharged the tenant.
The issue in this appeal is whether the District Rent
Adminis-trator's order was correct. The proceeding is governed
by the Emergency Tenant Protection Act of 1974 and the Tenant
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, 1984 by the
filing of a complaint by the tenant, in which she contended that
the landlord had not filed the financial form required for it to
be authorized to increase rents.
In answer, the landlord asserted in substance that it had again
filed the required information.
In an order issued on June 18, 1987 the Administrator issued an
order finding that, since the landlord had failed to timely file
the 1984-85 Operating and Maintenance Expenses Schedule, it was
not entitled to collect a guideline rent increase on leases
commencing between October 1, 1984 and September 30, 1985. The
order found an overcharge of $356.20 as of April 30, 1987.
In this petition the landlord contends in substance that the
Westchester County Rent Guidelines Board had accepted its excuse
for untimely filing of the financial report, and that it was
therefore entitled to increase the tenant's rent during the 1984-
85 Guidelines period. With its petition the landlord has
enclosed an April 1, 1985 determination in File No. WRGB 84/11
and 12 removing 1, 7, and 11 Balint Drive from the list of
properties not eligible for 1984-85 guideline increases, and a
March 11, 1987 order in Docket No. WY-85-S-3/R determining that
the landlord could collect a 1984-85 guideline increase at 7
Balint Drive because the Westchester County Rent Guidelines Board
had accepted the landlord's excuse for untimely filing of the
1984-85 financial report.
The tenant did not submit an answer to the landlord's petition,
although given an opportunity to do so.
The Commissioner is of the opinion that this petition should be
The Administrator's order was based on the fact that the land-
lord's filing of the 1984-85 financial report was untimely.
However, the landlord has pointed out that the DHCR eventually
accepted the landlord's excuse for late filing, and allowed the
owner to collect rent increases for the 1984-85 guidelines period
for apartments in the building. The landlord was therefore
entitled to collect up to $398.32 ($386.72 base rent plus 3% for
a 2-year lease) per month in the lease from February 1, 1985 to
January 31, 1987, and $418.24 ($398.32 plus 5% for a 2-year
lease) from February 1, 1987 to January 31, 1989, aside from any
additional increases for such things as new equipment or Major
Capital Improvements. The landlord is directed to refund to the
tenant any rent collected in excess of these lawful sta-
bilization rents for the period through April 30, 1987. This
order does not calculate any actual overcharges as it is unclear
from the record exactly what rent the tenant actually paid during
The owner is cautioned to adjust the rent, in leases after those
considered in this order, to amounts no greater than that deter-
mined by this order plus any lawful increases, and to register
any adjusted rents, with this order being given as the reason for
If the tenant owes the landlord arrears as a result of this
order, the landlord is directed to allow her to pay them off in
six equal monthly installments.
THEREFORE, in accordance with the Emergency Tenant Protection Act
of 1974 and the Tenant Protection Regulations, it is
ORDERED, that this petition be, and the same hereby is, granted
and that the District Rent Administrator's order be, and the same
hereby is, revoked.
JOSEPH A. D'AGOSTA