BI 110308 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 110308 RO
YELLOW MANOR REALTY COMPANY,
DISTRICT RENT ADMINISTRATOR'S
DOCKET NO. Q 3119484 R
TENANT: SOL FERSTENDIG
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On September 22, 1986, the above-named owner filed a petition
for administrative review of an order issued on September 11,
1986 by a District Rent Administrator concerning the housing
accommodation known as Apartment 111, 68-61 Yellowstone
Boulevard, Forest Hills, New York, wherein the Administrator
determined that an overcharge had occurred.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the petition for review.
This petition was commenced on March 26, 1984 upon the filing of
a general complaint of rent overcharge by the tenant. The tenant
stated that he was not presented with a rental history and
requested a complete rent review.
On June 19, 1985, the Division of Housing and Community Renewal
(DHCR) received the owner's answer. Submitted with the owner's
answer was a completed answer form, copies of all leases from
1974, and documentation of the installation of a new stove during
a vacancy period in 1981 at a cost of $283.77.
In the order issued on September 11, 1986, the Administrator
determined that an overcharge had occurred and established the
lawful stabilization rent at $346.63 beginning May 1, 1983
through April 30, 1986. The owner was directed to refund
overcharges of $4,031.40 including interest on overcharges
collected after April 1, 1984 and excess security.
In its petition for administrative review the owner reasserts
that no overcharges occurred. It points out that in the
Administrator's order the calculations begin with the May 1,
1981 lease period and do not display how those figures were
computed.
After careful consideration, the Commissioner is of the opinion
BI 110308 RO
that this petition should be granted.
A thorough reexamination of the Administrator's order finds that
no overcharge occurred. There are several errors in the
Administrator's calculations. First the Administrator did not
allow for an appropriate increase for the lease periods beginning
August 1, 1976 and December 15, 1977 under Guideline 8 and
Guideline 9. Second, the Administrator did not include a vacancy
allowance when the current tenant took occupancy on May 1, 1981.
The correct calculations accompany this order and opinion and
demonstrate that no overcharge occurred.
The Rent Calculation Chart is made part of and fully incorporated
in this order and opinion.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted
and that the Administrator's order be, and the same hereby is,
revoked; and it is
FURTHER ORDERED, that if the owner has already complied with the
Administrator's order and there are arrears due to the owner as
result of the instant determination, the tenant may pay off the
arrears in twelve (12) equal monthly installments. Should the
tenant vacate after the issuance of this order, said arrears
shall be payable immediately.
ISSUED:
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ELLIOT SANDER
Deputy Commissioner
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