BJ 110136 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.: BJ 110136 RO
THREE TOWERS ASSOCIATES,
DRO DOCKET NO.: 49966
PETITIONER
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ORDER AND OPINION GRANTING ADMINISTRATIVE APPEAL
On October 23, 1987 the above-named petitioner-owner filed an
Administrative Appeal against an order issued on September 21,
1987 by the District Rent Administrator, 10 Columbus Circle, New
York, New York concerning the housing accommodations known as
271 Grand Central Parkway, Floral Park, New York, Apartment 12 N.
The Administrative Appeal is being determined pursuant to the
provisions of 9 NYCRR 2528.1.
The issue herein is whether the District Rent Administrator
properly determined the tenant's objection to the apartment
rent/services registration.
The District Rent Administrator's order, appealed herein,
determined that the tenant had been overcharged a total of $52.32
during the period from May 1, 1980 through April 30, 1982 and
from May 1, 1984 through April 30, 1985. The order further
determined that the rent charged under the lease from April 1,
1987 through April 30, 1989 equalled the lawful stabilization
rent.
On appeal, the petitioner-owner alleges, in substance, that the
District Rent Administrator failed to take into consideration the
accumulated 2.2% rent increases to which the owner was entitled
to collect on a prospective basis pursuant to Real Property Tax
Law Section 421-a, even if not collected at the time it initially
could have been collected; that in other proceedings involving
other apartments in the subject housing complex, the District
Rent Administrator ruled that the 2.2% rent increases assessed by
the owner pursuant to Real Property Tax Law 421-a were proper and
in accordance with the Rent Stabilization Law; that in each of
the time periods referred to in the District Rent Administrator's
order, the owner collected amounts below the lawful stabilization
rents; and that, accordingly, no overcharge occurred.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
BJ 110136 RO
should be granted.
The owner has demonstrated on appeal that the District Rent
Administrator's calculations were in error in not taking into
consideration certain 2.2% rent increases to which the owner was
entitled. When such calculations are corrected for the relevant
time periods it appears that the owner did not charge rent in
excess of the lawful stabilization rent and the tenant therefore
was not overcharged.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this Administrative Appeal be, and the same hereby
is, granted and that the District Rent Administrator's order be,
and the same hereby is, modified to provide that no overcharge
occurred.
ISSUED:
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ELLIOT SANDER
Deputy Commissioner
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