ADM. REVIEW DOCKET NO.: BJ 410346-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 410346-RO
SAMSON MANAGEMENT :
DISTRICT RENT
OFFICE DOCKET
NO.: U-3124219-R
CDR 18,591
PETITIONER :
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ORDER AND OPINION REOPENING PROCEEDING AND GRANTING
PETITION FOR ADMINISTRATIVE REVIEW IN PART
On September 4, 1987 an Order and Opinion Reopening
Proceeding and Granting Petition for Administrative Review in Part
was issued. On October 8, 1987 the above named petitioner filed a
Petition for Administrative Review of that Order and Opinion which
concerned the housing accommodation known as 499 Fort Washington
Ave., Apt. 1C, New York, N.Y.
In its petition the owner asserted that the Commissioner's
rental computations arrived at in the reopened proceeding were
incorrect; specifically, the Commissioner used an incorrect base
rent of $415.69 in calculating the increase for the lease term
beginning July 1, 1982, failed to take into account retroactivity
of the MCI increase, and failed to take into account the MCI
amount in the final calculation of the lawful stabilization rent.
Pursuant to Section 2529.1 of the Rent Stabilization Code, an
order of the Commissioner is not reviewable under the PAR
procedure. However, given the fact that on a prior occasion there
has been a reconsideration to correct miscalculations in the
Commissioner's order, the Commissioner is of the opinion that this
petition is akin to a letter requesting reconsideration and will
be treated as such. The Rent Calculation Chart contained in
Administrative Review Docket No. ARL 12194-U is hereby amended in
accordance with the attached rent calculation chart.
The Commissioner notes that the figure of $415.69 which was
used in the calculations for the lease term beginning July 1,
1982 is in fact a typographical error. The figure should read
$415.35 and such change has no effect on the calculation of the
lawful stabilized rent for that lease period.
For lease period beginning July 1, 1985 the Commissioner's
order failed to give credit for the MCI increase granted effective
ADM. REVIEW DOCKET NO.: BJ 410346-RO
July 1, 1985. While the order granting the MCI increase includes
a retroactive portion, the Commissioner notes that MCI increases
become part of the base rent on the effective date of the increase
and have no retroactive effect on base rent.
THEREFORE, in accordance with Rent Stabilization Law and
Code, it is
ORDERED, that this proceeding be, and the same hereby is,
reopened; that the petition be, and the same hereby is, granted in
part; that the Order and Opinion issued September 4, 1987 be, and
the same hereby is, amended to the extent of recalculating the
amount of rent overcharge collected as set forth in the annexed
Rent Calculation Chart, which recalculation reduces the total
amount of the overcharge to $31.35 plus excess security of $.25
for a total overcharge from July 1, 1978 to June 30, 1987 of
$31.55.
ISSUED:
JOSEPH D'AGOSTA
Deputy Commissioner
ADM. REVIEW DOCKET NO.: BJ 410346-RO
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