DOCKET NO. BH-110365-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. BH-110365-RO
:
TRUMP MANAGEMENT INCORPORATED, : D.R.O. DOCKET NO. Q 3119978 R
:
:
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On August 20, 1987 the above-named petitioner- owner filed a
Petition for Administrative Review against an order issued on
July 27, 1987 by the District Rent Administrator, 10 Columbus
Circle, New York, NY, concerning housing accommodations known as
Apartment 4-P at 166-05 Highland Avenue, Jamaica, New York,
wherein the District Rent Administrator determined that the
tenant had been overcharged.
The Commissioner notes that this proceeding was initiated 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
provision 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 Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issue raise by the administrative appeal.
This proceeding was originally commenced by the filing of a
rent overcharge complaint by the tenant. The tenant took
occupancy pursuant to a lease commencing February 1, 1981 and
expiring January 31, 1982 at a monthly rent of $334.92.
The owner was served with a copy of the complaint and was
requested to submit rent records to prove the lawfulness of the
rent being charged. In answer, the owner submitted the requested
rent records.
In Order Number CDR40,828, the District Rent Administrator
determined that the tenant had been overcharged in the amount of
$601.35, including interest on overcharges collected on or after
DOCKET NO. BH-110365-RO
April 1, 1984, and directed the refund of this amount to the
tenant.
In this petition, the owner contends that the District Rent
Administrator erred in allowing a 5% vacancy allowance rather
than a 10% vacancy allowance for the tenant's initial lease
commencing February 1, 1981 under Guideline 12.
In answer to this petition, the tenant contends that the
Administrator's order should be affirmed.
The Commissioner is of the opinion that this petition should be
granted.
Rent Guidelines Board Order Number 12, applicable to leases
commencing between July 1, 1980 and June 30, 1981, provided for a
5% vacancy allowance where there was a change in tenancy since
July 1, 1975 and for a 10% vacancy allowance where there was no
change in tenancy since July 1, 1975.
In this case, there was no change in tenancy since July 1, 1975
and therefore the owner is entitled to a 10% vacancy allowance
for the tenant's initial lease commencing February 1, 1981.
Recalculating the lawful stabilized rent to include the correct
vacancy allowance indicates that the tenant was not overcharged.
Any arrears owed the owner by the tenant as a result of this
order may be paid by the tenant over the course of the next
twelve months. If the tenant should vacate after issuance of
this order or have already vacated, all arrears shall be payable
immediately.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be and the same hereby is granted,
the District Rent Administrator's order be and the same hereby is
revoked, and it is found that the tenant was not overcharged.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: BH-110365-RO
DRO Docket No/Order No.: Q 3119978 R
Tenant(s): CAROL J. MOSHBERG
Owner: TRUMP MANAGEMENT INCORPORATED
Code Section:
Premises: 166-05 HIGHLAND AVENUE, JAMAICA, NY, APARTMENT 4-P.
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
District Rent Administrator erred in allowing a 5% rather than a 10%
vacancy allowance for the tenant's initial lease commencing February
1, 1981 under Guideline 12 when there was no change in tenancy since
July 1, 1975.
APPROVED:
Processing Attorney:
Supervising Attorney:
Bureau Chief:
Deputy Counsel:
Deputy Commissioner:
Mailed copies of Order and Determination to:
Tenant(s)
Owner
Tenant's Atty.
Owner's Atty.
Date: : by
signature
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