BI 110045 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.: BI 110045 RO
ALLAN FISHER, DRO DOCKET NO.: 50216
TENANT: RANDOLPH JOHNSON
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 11, 1987 the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
August 25, 1987, by the Rent Administrator, 10 Columbus Circle, New
York, New York, concerning the housing accommodations known as
89-29 163rd Street, Jamaica, New York, Apartment No. 2D, wherein
the Rent Administrator determined that the owner had overcharged
the tenant.
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 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 by the filing of a rent
overcharge complaint by the tenant in August 1984. The owner was
served with a copy of the tenant's complaint and submitted a
complete rental history as required.
In Order Number 50216, the Rent Administrator established the
lawful stabilized rent as $306.25 effective March 1, 1982,
determined that the tenant had been overcharged and directed a
refund to the tenant of $1,468.71 including treble damages on
overcharges collected on and after April 1, 1984.
In this petition, the owner contends in substance that there is not
rent overcharge since the March 1, 1982 lawful stabilization rent
should have been calculated at 25% above the immediately prior rent
of $284.20 rather than at 25% above the base date rent of $245.00.
In answer to the owner's petition, the tenant stated in substance
that the Rent Administrator's order was warranted.
The Commissioner is of the opinion that this petition should be
denied.
BI 110045 RO
An examination of the record in this case discloses that the Rent
Administrator correctly calculated the March 1, 1982 lawful
stabilization rent at $306.25 pursuant to a one year vacancy lease
under Guideline 13 (25% over the base date rent of $245.00). It is
noted that the immediately prior rent of $284.20 was effective
January 1, 1982 pursuant to a three year renewal lease of the prior
tenant also under Guideline 13. The compounding of guideline
increases during the same guidelines period is prohibited so that
the Rent Administrator correctly did not consider the January 1,
1982 rent of $284.20 in determining the March 1, 1982 lawful
stabilization rent.
Accordingly, the Rent Administrator's order was warranted.
Because this determination concerns lawful rents only through
August 31, 1987, the owner is cautioned to adjust subsequent rents
to an amount no greater than that determined by the Rent
Administrator's order plus any lawful increases, and to register
any adjusted rents with this order and opinion being given as the
explanation for the adjustment.
This order may, upon the expiration of the period in which the
owner may institute a proceeding pursuant to Article 78 of the
Civil Practice Law and Rules, be filed and enforced in the same
manner as a judgment or not in excess of twenty percent per month
thereof may be offset against any rent thereafter due the owner.
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.
ISSUED
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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