ADM. APPEAL DOCKET NO. BJ 130138 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 130138 RO
: D.R.O. DOCKET NO.
Q 3118951 R
JANET SPAFFORD,
PETITIONER :
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ORDER AND OPINION DENYING ADMINISTRATIVE APPEAL
On October 15, 1987 the above-named petitioner-owner filed an
Administrative Appeal against an order issued on September 23,
1987 by the District Rent Administrator, 10 Columbus Circle, New
York, New York, concerning the housing accommodations known as
260-57 Langston Avenue, Glen Oaks, New York, Apartment N . 120E7-
1.
The Commissioner notes that this proceeding was initiated
prior to April 1, 1984. Sections 2526.1(a)(4) and 2521.1(d) of
the Rent Stabilization Code (effective May 1, 1987) governing rent
overcharge and fair market rent proceedings provide that
determination of these matters be based upon the law or code
provisions in effect on March 31, 1984. Therefore, unless
otherwise indicated, reference to Sections of the Rent
Stabilization Code (Code) contained herein are to the Code in
effect on April 30, 1987.
The Administrative Appeal is being determined pursuant to the
provisions of Sections 10B, 20A, 42A and 63 of the Code.
The issue herein is whether the District Rent Administrator
properly determined the tenant's complaint of rent overcharges.
The District Rent Administrator's order, appealed herein,
determined that the tenant had been overcharged a total, including
excess security and accrued interest, of $278.03 during the period
from December 1, 1972 through November 30, 1986; and established
the lawful stabilization rent under the lease from December 1,1984
through November 30, 1986 at $281.36 per month. It was noted in
the order that the lawful stabilization rent under the lease from
December 1, 1969 through November 30, 1972 was $166.50, an amount
equal to the rent actually charged; that the May 31, 1968 base
rent of $145.00 had been increased by 15% for a three year renewal
lease under Guideline Order No. 1; and that where the actual rent
charged is less than the rent with the maximum permitted increase,
ADM. APPEAL DOCKET NO. BJ 130138 RO
the lawful stabilization rent is limited to the rent charged.
On appeal, the petitioner-owner alleges, in substance, that
the District Rent Administrator incorrectly calculated the lawful
rent under the lease from December 1, 1969 through November 30,
1972; that the lawful rent was $166.75 not $166.50; and that
recalculating each subsequent increase produces no overcharge.
After a careful consideration of the entire evidence of
record the Commissioner is of the opinion that the administrative
appeal should be denied.
In the proceeding before the District Rent Administrator, the
owner submitted a complete set of leases to substantiate the
rental history for the subject apartment. The lease for the term
from December 1, 1969 through November 30, 1972 indicates a
monthly rent of $166.50. While a 15% increase over the prior rent
of $145.00 produces a maximum permitted rent of $166.75, the
lawful stabilization rent is limited to $166.50, the rent actually
charged. Therefore, the District Rent Administrator correctly
determined that the lawful stabilization rent under said lease was
$166.50, and properly based subsequent lawful rent increases on
said amount.
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, denied, and that the order of the District Rent
Administrator be, and the same hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
ADM. APPEAL DOCKET NO. BJ 130138 RO
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