STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
------------------------------------X SJR NOS.: 5386 & 5390
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NOS.: BJ 430385-RO
: BL 410276-RT
JACK TAUBER, OWNER and DRO DOCKET NO.: 53438
JASON HECHT/KAREN ROSENTHAL,
TENANTS PETITIONERS :
ORDER AND OPINION MODIFYING COMMISSIONER'S PRIOR ORDER AND OPINION
AFTER FURTHER CONSIDERATION PURSUANT TO COURT ORDER
On October 20, 1987 the above-named petitioner-owner filed an
Administrative Appeal and on December 31, 1987 the petitioner-tenants
timely refiled an Administrative Appeal against an order issued on October
7, 1987 by the District Rent Administrator, 10 Columbus Circle, New York,
New York, concerning the housing accommodations known as 70 West 82nd
Street, New York, New York, Apartment 4B.
Subsequent thereto, the petitioner-tenants filed a petition in the Supreme
Court pursuant to Article 78 of the Civil Practice Law and Rules
requesting that the Court direct the Division to expeditiously issue a
determination of their administrative appeal.
On May 9, 1990, an order was signed by Justice Jawn Sandifer directing the
Division to expeditiously determine the tenants' administrative appeal.
The Commissioner deemed it appropriate to consolidate the owner's and the
tenants' administrative appeals for determination under a single order and
opinion as they involved common issues of law and fact.
On September 13, 1990, the Commissioner issued an order and opinion
denying the owner's administrative appeal and granting the tenants'
administrative appeal. A copy of said order and opinion is attached
hereto and made a part hereof.
Subsequent thereto, the tenants and the owner filed petitions in the
Supreme Court requesting that the order of the Commissioner be modified or
The Division filed a cross-motion seeking the Court's remit of the
proceeding in order to address the objections raised by the tenants in
their Article 78 petition. The owner did not interpose a written
objection to said cross-motion.
On February 13, 1991, an order was signed by Justice David H. Edwards, Jr.
granting the Division's cross - motion and remitting the proceeding to the
DOCKET NUMBERS: BJ 430385-RO & BL 410276-RT
Division for an expeditious determination of the objections to the
Commissioner's order raised by the tenants before the Court and
appropriate revision of the Commissioner's order, if warranted.
The District Rent Administrator's order against which the tenants and the
owner filed administrative appeals found that the tenants had been
overcharged. Although the record before the District Rent Administrator
contained leases and registration information showing the rent charged for
the subject apartment during the period of the tenants' occupancy up to
and including part of the term of a two - year renewal lease commencing on
November 1, 1986, the District Rent Administrator's order, which was
issued on October 7, 1987, sets forth the amount of the overcharge
collected only during the term of the tenants' initial lease from November
6, 1982 through November 5, 1984. The tenants assert that the Division
was in error in failing to compute the amount of overcharges collected up
to the date of issuance of the District Rent Administrator's order.
It is the Division's policy in overcharge proceedings to calculate the
amount of the overcharges collected up through the last day of the month
preceding the issuance of the District Rent Administrator's order and to
direct the owner to refund said amount plus, as the facts may warrant,
accrued interest or treble damages. Upon review of the record in the
instant proceeding, the Commissioner can find no valid reason why this
policy was not adhered to herein. Such being the case, the Commissioner
has recomputed the amount of the overcharges and treble damages due the
tenants, as set forth on the attached rent calculation chart. As provided
on said chart, the total amount of the overcharge, including excess
security and treble damages, during the period from November 6, 1982
through September 30, 1987 was $45,287.62.
This order may, upon the expiration of the period in which the owner may
institute a proceeding pursuant to Article 78 of the Civil Practice Law
and Rules, be filed and enforced by the tenant in the same manner as a
judgment or not in excess of twenty percent thereof per month may be
offset against any rent thereafter due the owner.
This order and opinion amends and supercedes the Commissioner's prior
order and opinion September 13, 1990. As such, the owner's court petition
against the Commissioner's prior order is effectively rendered moot. Any
party aggrieved by this order and opinion may, as per the attached Right
to Court Appeal notice, commence a proceeding in court within sixty days
of the issuance date stamped below.
THEREFORE, in accordance with the provisions of the Rent Stabilization Law
and Code, it is
DOCKET NUMBERS: BJ 430385-RO & BL 410276-RT
ORDERED, that the Commissioner's prior order and opinion issued on
September 13, 1990 be, and the same hereby is, modified as provided
hereinabove and in the attached rent calculation chart. The
Commissioner's prior order and opinion of September 13, 1990 is hereby
affirmed in all other respects.