BG 410189 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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. BG 410189 RO
: DRO DOCKET NO. U-3122910-R
MICHAEL STAHL TENANT: THELMA BURGOS
PETITIONER :
------------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On July 30, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on July
14, 1987, by the Rent Administrator, 10 Columbus Circle, New York,
New York, concerning the housing accommodations known as 46 Fort
Washington Avenue, New York, New York, Apartment No. 53, 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 2526.1 of the current 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 March 1984 by the
filing of a rent overcharge complaint by the tenant. In an answer
to the complaint filed on December 5, 1984, the owner submitted a
rental history for the subject apartment.
In Order Number CDR 30,875, the Rent Administrator determined
that the tenant had been overcharged in the amount of $276.08 from
March 1, 1986 to May 31, 1987 and directed the owner to refund
such overcharge to the tenant.
BG 410189 RO
In this petition, the owner contends in substance that the
Rent Administrator's order failed to take into account the lease
from June 1, 1985 to May 31, 1987 which the owner was not asked to
submit below and that when this is done, it is apparent that no
rent overcharge occurred. The owner submitted a copy of the June
1, 1985 to May 31, 1987 lease along with his appeal.
The tenant did not file an answer to the owner's petition.
The Commissioner is of the opinion that this petition should
be granted.
An examination of the records in this case discloses that the
owner is correct in his contention that the lease from June 1,
1985 to May 31, 1987 at a rental of $383.24 (the correct 9%
increase over the prior rent of $352.60 pursuant to Guideline 16)
was not taken into account by the Rent Administrator. Rather the
Rent Administrator incorrectly thought the tenant entered into a
one year renewal lease effective March 1, 1986 to May 31, 1987 at
a rental of $383.24. However it was on March 1, 1986 that the
tenant herein was issued a lease in accordance with the Section 8
program - the rent remained at $383.24 but the tenant's share of
the rent was reduced to $188.00 effective March 1, 1986. When the
aforementioned factors are taken into account, it is apparent that
no rent overcharge occurred. It is noted that the owner was not
given an opportunity to submit a copy of the June 1, 1985 lease in
the proceeding before the Rent Administrator as the owner filed
his answer prior to the issuance of the new lease and was not
thereafter told to update the rental history.
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, revoked, and it is found
that there was no rent overcharge.
ISSUED
ELLIOT SANDER
Deputy Commissioner
```````````````
BG 410189 RO
|