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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 610216 RO
: DRO DOCKET NO. TC-79587-G
PHILIP SAMAROO TENANT: WILLIAM DIMOW
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On July 21, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on June
18, 1987, by the Rent Administrator, 10 Columbus Circle, New York,
New York, concerning the housing accommodations known as 3204
Oxford Avenue, Bronx, New York, Apartment No. 2, wherein the Rent
Administrator determined that the owner had overcharged the
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
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 December 1983 by
the filing of a rent overcharge complaint by the tenant who first
moved to the subject apartment on September 1, 1973 pursuant to a
two year lease reciting a rent of $210.00 per month for the first
year and $220.00 per month for the second year. In his complaint
the tenant stated that he paid rents during the aforementioned two
year period in accordance with the lease terms.
In answer to the complaint, the owner submitted a complete
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rental history for the subject apartment.
In Order Number CDR 30,663, the Rent Administrator determined
that the tenant had been overcharged in the amount of $1259.90 and
directed the owner to refund such overcharge to the tenant.
In this petition, the owner contends in substance that the
Rent Administrator's order failed to take into account the fact
that the rent was increased to $220.00 per month in the second
year of the lease commencing September 1, 1973, and that when this
is done, it is apparent that no rent overcharge occurred.
The Commissioner is of the opinion that this petition should
An examination of the records in this case discloses that the
owner is correct in his contention that the Rent Administrator did
not take into account the allowable increase from $210.00 to
$220.00 per month in the second year of the September 1, 1973
lease which commenced during a period of vacancy destabilization.
Rather the Rent Administrator incorrectly thought that the owner
had charged only $210.00 during the entire two year period and
incorrectly found a rent overcharge based thereon. Using the
correct rent of $220.00 per month effective September 1, 1974
makes the monthly lawful stabilization rents $247.50 effective
September 1, 1975 to August 31, 1978, $265.00 effective September
1, 1978 to August 31, 1981, $310.00 effective September 1, 1981
to August 31, 1984, $331.70 effective September 1, 1984 to August
31, 1986, and $353.26 effective September 1, 1986 plus allowable
temporary fuel surcharges which the owner was permitted to charge.
Since the owner in fact charged rents at the above amounts, there
was no rent overcharge and the Rent Administrator's order to that
effect must therefore be revoked.
If the owner has already complied with the 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 twelve 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.
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