DOCKET NO.: BG 110344 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 110344 RO
Janet Spafford
Grenadier Realty Corp, DISTRICT RENT
Agent for Glen Oaks ADMINISTRATOR'S DOCKET
Village Owners, Inc., NO.: Q 3119745 R
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 31, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review of an order issued on July 3,
1987, by the District Rent Administrator, 10 Columbus Circle, New
York, New York, concerning housing accommodations known as
Apartment 41 G4-2, 75-38 263rd Street, Glen Oaks, N.Y. wherein
the District Rent Administrator determined that the tenant had
been overcharged.
The Commissioner notes that this proceeding was initiated
prior to April 1, 1984. Sections 2526.1 (a) (4) and 2521.1(d) of
the Rent Stabilization Code (effective May 1, 1987) governing
rent overcharge and fair market rent proceedings provide that
determination of these matters be based upon the law or code
provisions in effect on March 31, 1984. Therefore, unless
otherwise indicated, any reference in this order and opinion to
Sections of the Rent Stabilization Code is to the Code in effect
on April 30, 1987, and this proceeding is being determined in
accordance therewith.
The issue under appeal is whether the 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.
DOCKET NO.: BG 110344 RO
This proceeding was originally commenced by the filing of a
rent overcharge complaint by the tenants with the New York City
Conciliation and Appeals Board, one of the predecessor agencies
to the DHCR. The tenant took occupancy pursuant to a lease
commencing May 15, 1977 and expiring May 14, 1979 at a monthly
rent of $299.90.
The owner was served with a copy of the complaint ans was
requested to submit rent records to prove the lawfulness of the
rent being charged. In answer to the complaint, the owner
submitted a complete set of leases from the base date (June 30,
1974) and the rental history for the subject apartment.
In Order Number CDR 30,768, the Rent Administrator
determined that the tenant was overcharged in the amount of
$1,173.20, including interest on overcharges collected on or
after April 1, 1984, and established the lawful stabilized rent
for the lease term commencing June 1, 1983 and terminating May
31, 1986 at $384.40 per month, and directed the owner to roll
back the rent accordingly and to refund the overcharges to the
tenant.
In this petition, the owner contends that the Rent
Administrator improperly calculated the increase allowance for
the two-year vacancy lease commencing in May 1977, and that the
incorrect calculation resulted in the determination of an
overcharge of $9.12 per month for that period.
The tenant did not respons to this petition.
The Commissioner is of the opinion that this petition should
be denied.
The legal stabilized rent for the lease commencing March 1,
1976 and terminating February 28, 1978 was $257.33. The
Commissioner finds that the Administrator correctly calculated
the subsequent two-year vacancy lease allowance by adding to that
sum the 8% Guidelines No. 8 increase and a 5% vacancy increase,
or 13%, which total $290.78.
Accordingly, the Commissioner finds no basis for reversal of
the Administrator's order based on the subject Petition for
Administrative Review.
This order of the State Division of Housing and Community
Renewal awarding penalties may, upon the expiration of the period
in which the owner may intitute a proceeding pursuant to Article
DOCKET NO.: BG 110344 RO
78 of the Civil Practice Law and Rules, be filed and enforced as
a judgment or not in excess of twenty percent thereof per month
of the amount owed by the owner may offset against any rent
thereafter due the owner.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be and the same hereby is denied
and the Rent Administrator's order be and the same hereby is
affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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