ADM. REVIEW DOCKET NO.: BJ 130226 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 130226 RO
: D.R.O. DOCKET NO.:
Q 3121576 R
PERSHING CRESCENT APTS.
C/O SCHLESINGER MGMT.,
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING DISTRICT RENT ADMINISTRATOR'S ORDER
On October 29, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review of an order issued on October
7, 1987, by the District Rent Administrator, 10 Columbus Circle,
New York, New York, concerning housing accommodations known as
Apartment 3G at 141-30 Pershing Crescent, Jamaica, New York
wherein the District Rent Administrator determined that the tenant
had been overcharged.
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 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 administrative appeal.
This proceeding was originally commenced by the filing of a
rent overcharge complaint by the tenant with the New York City
Conciliation and Appeals Board, one of the predecessor agencies to
the DHCR. The tenant took occupancy pursuant to a lease
commencing April 1,1970 and expiring March 31, 1973 at a monthly
rent of $250.00.
In Order Number CDR 31,517, the District Rent Administrator
established the lawful stabilized rent and determined that the
tenant had been overcharged in the amount of $1,260.82 and
directed the refund of that amount to the tenant.
In this petition, the owner contends that the overcharge for
the lease term from April 1, 1979 to March 31, 1981 should be
ADM. REVIEW DOCKET NO.: BJ 130226 RO
$66.96 rather than $38.79, as stated by the Administrator; that
the rent for the lease term from April 1, 1984 to March 31, 1986
was $414.57 rather than $422.42, resulting in an overcharge for
this period of $11.28 rather than $215.27; that the lawful rent
for the lease term from April 1, 1986 to March 31, 1988 was
$441.02 rather than $451.37 and that the overcharge for this
period was $9.00 rather than $189.07. The owner calculates a
total overcharge of $885.08 and states that this amount will be
credited to the tenant's rent account.
The Commissioner is of the opinion that this petition should
be granted in part.
A review of the record in this case indicates that the owner
is correct as to the rent amount for the April 1, 1984 lease term
and as to the cited calculation errors in the Administrator's rent
chart. However, in its calculations the owner failed to include
interest on the overcharges collected on or after April 1, 1984
and excess security. In addition, the Administrator did not
properly calculate the allowable fuel cost adjustments under
Guideline 10.
The lawful stabilized rent is recalculated on the attached
rental history chart, which is fully made a part of this order.
The total amount of overcharge, including interest and excess
security, and taking into account the rent credit of $885.08, is
$17.49.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be and the same hereby is
granted in part and the District Rent Administrator's order be and
the same hereby is modified to the extent hereinabove indicated.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
ADM. REVIEW DOCKET NO.: BJ 130226 RO
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