BJ 430025 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.: BJ 430025 RO
DISTRICT RENT OFFICE
Solil Management Corp., DOCKET NO.: L-3116069-T
TENANT: Andrew Richter
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On October 14, 1987, the above-named petitioner-Solil Management Corp.,
filed a Petition for Administrative Review of an order issued on October
6, 1987, by the Rent Administrator, 10 Columbus Circle, New York,
concerning the housing accommodations known as 414 East 58th Street,
New York, New York, Apartment No. C2, wherein the District Rent
Administrator determined the fair market rent pursuant to the special
fair market rent guideline promulgated by the New York City Rent
Guidelines Board for use in calculating fair market rent appeals.
The issue in this appeal is whether the Administrator decision was
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 fair market
rent appeal application by the tenant. The tenant took occupancy
pursuant to a lease commencing September 1, 1980 and expiring September
30, 1982 at a monthly rent of $325.00.
In Order Number CDR 31,496, the District Rent Administrator adjusted
the initial legal regulated rent by establishing a fair market rent of
$223.41 effective September 1, 1980, the commencement date of the
initial rent stabilized lease, and directed the owner to refund to the
tenant of excess rent in the
amount of $9,558.86.
In this petition, the owner contends that the District Rent
Administrator's Order is incorrect and should be modified because the
BJ 430025 RO
Administrator failed to add the $15.00 surcharge during Rent Guidelines
17 and 18.
In answer to this petition, the tenant contends that there is no $15.00
surcharge pursuant to Rent Guideline 18 when the tenant was charged a
supplementary adjustment under Guideline 17.
The Commissioner is of the opinion that this petition should be granted
in part. The owner is correct that the Administrator should have
included a $15.00 supplementary adjustment pursuant to Guideline 17
which allows such supplementary adjustment for apartments renting for
less than $300 per month on September 30, 1985. The tenant is also
correct that there is no supplementary adjustment pursuant to Guideline
18 when a previous adjustment was charged pursuant to Guideline 17. The
tenant's lawful stabilized rent is recalculated as shown on the annexed
rental chart which is hereby made a part of this Order.
The owner is directed to roll back the rent to the lawful stabilized
rents consistent with this decision and to refund or fully credit
against future rents over a period not exceeding six months from the
date of receipt of this order, the excess rent collected by the owner.
In the event the owner does not take appropriate action to comply within
sixty (60) days from the date of this order, the tenant may credit the
excess rent collected by the owner against the next month(s) rent until
Because this determination concerns lawful rents only through September
30, 1977 the owner is cautioned to adjust subsequent rents to an amount
no greater than that determined by this order plus any lawful increases
and to register any adjusted rents with this order and opinion being
given as the explanation for the adjustment.
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, granted in part, and that the order of the Rent Administrator
be, and the same hereby is, modified to the extent hereinabove
indicated. The amount of excess rent owed to the tenant is $9,172.29.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner