BI 210260 RO
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. BI 210260 RO
: DRO DOCKET NO.K-3105379-RT
JOE FRIEDMAN TENANT: JANE POWELL
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 22, 1987, the above-named petitioner-owner filed
a Petition for Administrative Review against an order issued on
September 11, 1987, by the Rent Administrator, Gertz Plaza, Queens,
New York, concerning the housing accommodations known as 961
Eastern Parkway, Brooklyn, New York, Apartment No. D-14,
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
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 March, 1984.
The owner was served with a copy of the tenant's complaint and
submitted a rental history as required.
In Order Number CDR 31,370, the Rent Administrator
established the lawful stabilized rent as $285.09 effective
June 1, 1986, determined that the tenant had been overcharged and
directed a refund to the tenant of $233.68 including interest on
overcharges collected on and after April 1, 1984.
In this petition, the owner contends in substance that he was
entitled to a fuel adjustment effective June 1, 1979 pursuant to
Rent Guideline 10b.
The record reveals that the tenant has now moved from the
BI 210260 RO
The Commissioner is of the opinion that this petition should
An examination of the Rent Administrator's order in this case
discloses that the Rent Administrator in fact allowed the owner an
appropriate fuel adjustment pursuant to Guideline 10b. This
adjustment is explained on page two of the rent calculation chart
attached to the Rent Administrator's order. It is noted that the
overcharge found resulted from the owner's failure to remove all
of the temporary fuel adjustments pursuant to Rent Guidelines 10b,
10c, and 10d from the base rent when calculating the rent increase
effective at the June 1, 1981 lease renewal. It is further noted
that no overcharge occurred in renewal leases subsequent to June
1, 1981. Accordingly, the Rent Administrator's order was
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.
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.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
BI 210260 RO