BK 110217 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.: BK 110217 RO
Concerned Management Corp, DISTRICT RENT ADMINISTRATOR
Owner DOCKET NO.: 21743
PETITIONER Tenant: Pincus & Jennie
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On November 6, 1987 the above-named petitioner filed a Petition
for Administrative Review against an order issued on October 6,
1987 by the Rent Administrator, 10 Columbus Circle, New York,
New York concerning the housing accommodation known as 65-03
224th Street, Apartment A, Bayside, New York.
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 in the administrative appeal.
The tenant commenced this proceeding by filing a timely objection
to the Registration, alleging inter alia that the rent being paid
was an overcharge.
A copy of the objection was served on the owner who responded to
that allegation by submitting copies of all leases in effect
since April 1, 1980, the base rent date.
In the order issued on October 6, 1987, although the
Administrator determined that no overcharges had been collected,
the owner was directed to recompute lawful increases and to
refund or credit overcharges arising therefore.
In the appeal, the owner requests that the Administrator's order
be modified to exclude the decretal paragraph hereinabove
Although afforded the opportunity to do so, the tenant did not
respond to the petition.
The Commissioner is of the opinion that this petition should be
The paragraph at issue is inappropriate in an order in which it
had been determined that there was no overcharge. Accordingly,
the Commissioner modifies the order by removing the incorrectly
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
BK 110217 RO
ORDERED, that this petition be, and the same hereby is, granted
and that Rent Administrator's order be, and the same hereby is,
modified in accordance with this order and opinion.