BG 110061 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. BG 110061 RO
: DRO DOCKET NO. ZQ-004544-R
ALEXANDER ASSEJEW TENANT: HOWARD ROTH
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On July 9, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on June
17, 1987, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
89-03 104th Street, Queens, New York, Apartment No. 2D, 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 January 1986, by
the filing of a rent overcharge complaint by the tenant. In
answer to the complaint, the owner submitted a compete rental
history for the subject apartment as required.
In Order Number ZQ-004544-R, the Rent Administrator
determined that the tenant had been overcharged in the amount of
$449.42 including interest and excess security from September 10,
1985 to June 30, 1987 and directed the owner to refund such
overcharge to the tenant.
In this petition, the owner contends in substance that in
determining the amount of the rent overcharge for the current
tenant, the Rent Administrator's order failed to take into account
a rent increase of $17.32 due to bathroom improvements totalling
$692.80 which was approved by the Rent Administrator for a prior
tenant but deleted for the tenant herein.
The Commissioner is of the opinion that this petition should
be granted.
BG 110061 RO
An examination of the records in this case discloses that the
owner is correct in his contention that the allowable rent
increase of $17.32 for bathroom improvements previously granted
for a prior tenant was incorrectly deleted for the tenant herein.
The use of such $17.32 rent increase makes the monthly lawful
stabilization rents $475.66 effective September 10, 1985 to
October 31, 1986 and $518.47 effective November 1, 1986 to October
31, 1988. Since the owner in fact charged $477.00 effective
September 10, 1985 to October 31, 1986 and $520.00 effective
November 1, 1986 to June 30, 1987 (termination date of Rent
Administrator's order), the total overcharge including interest
and excess security from September 10, 1985 to June 30, 1987 is
$33.00.
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, modified in accordance
with this order and opinion. The amount of the rent overcharge
through June 30, 1987 is $33.00 and the lawful stabilization rent
effective November 1, 1986 is $518.47.
ISSUED
ELLIOT SANDER
Deputy Commissioner
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