BG 110202 RT
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. BG 110202 RT
: DRO DOCKET NO.Q-3122531-R/T
MARTIN WERBLOW OWNER: B & K REALTY CO.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 14, 1987, the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on June
12, 1987, by the Rent Administrator, 10 Columbus Circle, New York,
New York, concerning the housing accommodations known as 62-98
Saunders Street, Queens, New York, Apartment No. 3E, wherein the
Rent Administrator dismissed the tenant's rent overcharge
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
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 March, 1984, by
the filing of a rent overcharge complaint and a fair market rent
adjustment application by the tenant who took occupancy pursuant
to a lease commencing October 15, 1976 and expiring October 31,
1978 at a monthly rent of $225.00.
In Order Number CDR 30,544, the Rent Administrator terminated
the proceeding on the basis that a decision regarding this
complaint had previously been issued on June 21, 1979 under CAB
Opinion Number 9986, Docket Number TC-027661-G.
In this petition, the tenant alleges in substance that CAB
Opinion Number 9986 did not deal with any leases signed after June
21, 1979 and that the DHCR should review leases signed after that
date; that on July 12, 1985, the tenant signed a lease for $316.10
per month retroactive to January 1, 1985 which violated DHCR
policy against retroactive lease increases and that DHCR should
review the rent records to determine if the tenant's initial rent
exceeds the fair market rent.
BG 110202 RT
In answer to the tenant's petition, the owner stated in
substance that the tenant's July 1985 lease renewal effective
January 1, 1985 was in accordance with a May 9, 1985 court
stipulation. In support of its contention, the owner submitted a
copy of the aforementioned court stipulation.
The Commissioner is of the opinion that this petition should
An examination of the records in this case discloses that
pursuant to the decision in CAB Opinion Number 9986, the monthly
lawful stabilization rent, not including temporary fuel surcharges
which the owner charged and to which the owner was entitled, was
$250.00 from November 1, 1978 to October 31, 1981. The records
further show that the owner then increased the rent to $290.00
effective November 1, 1981 due to a 16% increase for a three year
renewal lease pursuant to Guideline 13, and that the owner then
increased the rent to $316.10 effective January 1, 1985 due to a
9% increase for a two year renewal lease pursuant to Guideline
16. The effective date of January 1, 1985 was pursuant to a court
stipulation and occurred after the termination date of the
November 1, 1981 renewal lease and the Commissioner is of the
opinion that the use of such effective date was appropriate.
Since all increases after June 21, 1979 (date CAB Opinion Number
9986 was issued) were in accordance with relevant guideline
increases as outlined above, it is apparent that no rent
overcharge occurred through December 31, 1986.
With regard to the tenant's contention that the records
should be reviewed to determine if the tenant's initial rent
exceeded the fair market rent, an examination of the rent records
discloses that the subject apartment was vacancy decontrolled
during the period from July 1, 1971 through December 31, 1973 and
did not become subject to the Rent Stabilization Law until July 1,
1974. Under such circumstances, the tenant is not entitled to
file a fair market rent appeal.
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.
BG 110202 RT