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 210277-RO
Lawrence Grosvenor, : DISTRICT RENT OFFICE
DOCKET NO. TC 060239-G
ORDER AND OPINION DENYING 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 12, 1987, by a
Rent Administrator, concerning the housing accommodations known as 110
St. James Place, Brooklyn, New York, Apartment No. 7, wherein the Rent
Administrator determined that the owner had overcharged the tenant.
The Commissioner notes that this proceeding was filed 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, reference to Sections of the Rent
Stabilization Code (Code) contained herein are to the Code in effect on
April 30, 1987.
The Administrative Appeal is being determined pursuant to the provisions
of Section 42A of the former Rent Stabilization Code.
The issue herein is whether the Rent Administrator's order was
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 by the filing on February 22,
1982 of a rent overcharge complaint by the tenant. The tenant had been
paying rent on a monthly basis until the lease commencing on November
25, 1981, when the tenant began paying on a weekly basis.
In response to the tenant's complaint, the owner submitted the complete
In Order Number TC-060239-G issued on June 12, 1987, the Rent
Administrator determined overcharges in the amount of $227.39, including
excess security of $8.80.
In his petition, the owner contends that the Administrator mistakenly
calculated the lawful rent by the month, when in fact the tenant has
paid on a weekly basis since her occupancy. The owner uses the formula
of 4.3 times the weekly rent equals one month's rent. The owner also
disputes the finding of $8.80 in excess security, since this amount
assumes that the tenant paid a month's security when in fact she only
paid one week's rent as security.
The tenant did not answer the petition.
The Commissioner is of the opinion that this petition should be denied.
The owner's claim that the Administrator mistakenly found an overcharge
because he calculated the rent increase as based on monthly rent
payments instead of weekly payments is without merit. In actuality, the
rate at which the rent is paid makes no difference because the total
legal monthly rent must not change in any case. Moreover, the two
overcharges found in the leases under guidelines 8 and 10 were for
periods when the tenant paid on a monthly basis, and were correctly
calculated. When the tenant paid on a weekly basis, in the lease
commencing November 21, 1981, the lawful monthly rent was correctly
determined as $162.80 (September 30, 1981 rent of $148.00 + 10% increase
for 1 year renewal lease = $162.80). To use the owner's formula of
multiplying the weekly rent ($42.90) by 4.3 instead of 4 only results in
a finding that the tenant paid a greater overcharge than the
Administrator calculated. Finally, the owner's claim that the tenant
only paid one week's rent as security is rejected because this was never
claimed by the owner in his submissions into the record, and cannot be
considered for the first time on appeal.
A copy of this order and opinion is being sent to the current occupant
of the subject apartment.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that the owner's petition be, and the same hereby is denied and
that the Administrators order be and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner