BG 610206 RO
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 610206 RO
: DRO DOCKET NO. ZB-005658-R
2251 MORRIS AVENUE CORP. TENANT: CRYSTAL FELDER
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 23, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on June
24, 1987, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
2347 Tiebout Avenue, Bronx, New York, Apartment No. 5D, wherein
the Rent Administrator determined that the owner had overcharged
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 September 1985 by
the filing of a rent overcharge complaint by the tenant herein who
first moved to the subject apartment on October 15, 1984.
In answer to the complaint the owner submitted a rental
history from February 1, 1982.
In Order Number ZB-005658-R, the Rent Administrator
determined that the tenant had been overcharged in the amount of
$174.45 including interest and directed the owner to refund such
overcharge to the tenant. In such order, the owner was not
credited with a 7 1/2% vacancy allowance pursuant to Guideline 16.
In this petition, the owner contends in substance that there
is no rent overcharge in that the Rent Administrator incorrectly
failed to include a 7 1/2% vacancy allowance pursuant to Guideline
16, in determining the lawful stabilization rent on October 15,
1984 (initial occupancy of the tenant herein).
The Commissioner is of the opinion that this petition should
BG 610206 RO
Pursuant to Guideline 16, a 7 1/2% vacancy allowance can be
granted only in cases where there had not been a previous vacancy
allowance in the apartment from October 1, 1983 to September 30,
1984 - the Guideline 15 period.
In the instant case, the evidence of record including copies
of leases submitted by the owner discloses that the rent for the
subject apartment was $220.35 pursuant to a two year lease
commencing February 1, 1982, that the rent was then increased to
$270.00 pursuant to a one year vacancy lease commencing December
19, 1983 under Guideline 15 - then in effect. Such rent increase
from $220.35 to $270.00 included a vacancy allowance. Therefore
since the owner already received a Guideline 15 vacancy allowance,
it is not entitled to a Guideline 16 vacancy allowance as well and
the Rent Administrator's order to that effect was warranted and
must be affirmed.
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 610206 RO