BG 210208 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 210208 RO
LEON SILVERSTEIN,
D.R.O ORDER NO.: CDR 30,629
TENANT: FREDERICK LAWRENCE
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On July 2, 1987 the above-named petitioner-owner filed a Petition
for Administrative Review against an order issued on June 17,
1987, by the Rent Administrator, 10 Columbus Circle, New York,
New York, concerning housing accommodations known as Apartment
3C, 415 Statford Road, Brooklyn, New York, wherein the Rent
Administrator determined that there had been an overcharge and
ordered a refund of $206.38, including interest and excess
security.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the administrative appeal.
The tenant commenced this proceeding on March 31, 1984 by filing
an overcharge complaint with New York City Conciliation and
Appeals Board (CAB), the agency formerly charged with enforcing
the Rent Stabilization Law based in part on an alleged failure
by the owner to provide a complete rental history.
In answer to the complaint, the owner submitted a complete rental
history.
In this petition, the owner contends that the Rent
Administrator's Order is incorrect and should be modified because
the Administrator neglected to include the 1/2% stabilizer
provided for by Guidelines Order Number 6 and the 1% retroactive
increase provided for by Guidelines Order Number 10a.
The tenant did not answer this petition, although given the
opportunity to do so.
The Commissioner is of the opinion that this petition should be
granted.
The 1/2% stabilizer under Guidelines Order 6 yields a lawful rent
of $241.88, rather than the $240.80 found by the Administrator.
Hence the subsequent lawful rent was $269.70, rather than the
BG 210208 RO
$268.49 found by the Administrator. The 1% Guidelines Order 10a
retroactive increase allowed the owner to raise the $270.00 1978
1980 rent to $272.70, which the tenant's complaint shows was
done.
Based thereon, the following two lawful rents were the $319.06
and $341.34 charged rather than the $315.90 and $338.01 found by
the Administrator. (17% over $272.70 is $319.06; 7% over
$319.06 is $341.39.) Accordingly, there was no overcharge.
If the owner has already complied with the Administrator's Order
and, as a result of the instant determination, there are arrears
due to the owner from the tenant, the tenant may pay off the
arrears in six equal monthly installments during the next six
months. Should the tenant vacate after the issuance of the
Order, all arrears are due immediately.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, granted
and the Rent Administrator's order be, and the same hereby is,
modified in accordance with this Order and Opinion to show that
there was no overcharge.
ISSUED:
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ELLIOT SANDER
Deputy Commissioner
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