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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 210134 RO
: DRO DOCKET NO.K-3101797-R
ARTHUR MANAGEMENT TENANT: ARKADY BULOCHNIKOV
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On September 2, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
March 5, 1987, by the Rent Administrator, Gertz Plaza, Queens,
New York, concerning the housing accommodations known as
901 Avenue H, Brooklyn, New York, Apartment No. 2B, wherein the
Rent Administrator determined that the owner had overcharged the
tenant. The petition is accepted as timely filed because the Rent
Administrator's order was sent to the owner at an incorrect
address (different address from owner's registered address with
the DHCR) and was returned by the Post Office as undelivered.
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 in February, 1984,
by the filing of a rent overcharge complaint by the tenant who
stated that he first moved to the subject apartment on June 1,
1982 at a rental of $475.00. In answer to the complaint, the
owner submitted a copy of a DC-2 Notice showing that the initial
legal regulated rent was $325.00 effective June 1, 1979.
In Order Number CDR 29,237, the Rent Administrator
determined that the tenant had been overcharged in the amount of
$3,751.13, on the basis that the initial legal regulated rent was
$325.00 effective June 1, 1982.
In this petition, the owner contends in substance that there
is no rent overcharge in that the Rent Administrator mistakenly
listed the initial legal regulated rent as $325.00 effective June
1, 1982 rather than June 1, 1979. In support of such contention,
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the owner submitted a complete rental history from June 1, 1979
including copies of leases and a rent ledger.
The Commissioner is of the opinion that this petition should
be granted.
An examination of the records in this case discloses that the
owner is correct in its contention that the Rent Administrator
incorrectly listed the date of the initial legal regulated rent as
June 1, 1982 rather than June 1, 1979. When this error is
corrected, it is apparent that no rent overcharge occurred. The
initial legal regulated rent was $325.00 effective June 1, 1979;
it was then increased to $380.25 effective June 1, 1981 based on a
three year lease renewal by the prior tenant and then increased to
$475.00 effective June 1, 1982 based on a two year vacancy lease
by the tenant herein - all in accordance with appropriate
guideline increases and vacancy allowances. Accordingly, there
was no rent overcharge.
If the owner has already complied with the Rent
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 24 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, that the order of the Rent
Administrator be, and the same hereby is, revoked, and it is
found that no rent overcharge occurred.
ISSUED
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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