BK 110245 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 110245 RO
BLARE MANAGEMENT CORPORATION,
DRO DOCKET NO.: 42508
TENANT: JOSEPH TEICHER
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On November 27, 1987, the above-named petitioner filed a Petition
for Administrative Review against an order issued on November 4,
1987 by the Rent Administrator, 10 Columbus Circle, New York, New
York concerning the housing accommodations known as 152-75 Jewel
Avenue, Apartment 145A, Flushing, New York wherein the
Administrator determined that an overcharge had occurred and
directed the owner to refund an overcharge of $154.48 inclusive
of excess security and interest.
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.
The tenant commenced this proceeding on August 5, 1984 by filing
an objection to the 1984 registration, alleging inter alia that
the rent being paid was an overcharge.
The owner responded by submitting a copy of the lease in effect
on April 1, 1980, the base rent date, and all subsequent leases.
The owner also submitted a copy of a granted Major Capital
Improvement (MCI) increase.
In the order here under review, the Administrator determined that
an overcharge of $154.48 inclusive of excess security, and
interest on the overcharge occurring on or after April 1, 1984
had been collected.
In its appeal, the owner contends that arithmetic errors and the
use of the actual rent charged, instead of the legal
stabilization rent, as the base date rent resulted in the
overcharge finding. If all computations had been correct, there
would have been no overcharge found.
Although afforded the opportunity to do so, the tenant did not
reply to the petition.
BK 110245 RO
The Commissioner is of the opinion that this petition should be
granted in part.
As for the contention that the Administrator used an incorrect
rent figure, the Commissioner notes that where the actual rent
charged is less than the rent that could have been charged, the
lawful stabilization rent is limited to the actual rent charged.
Accordingly, the Commissioner finds that the actual rent charged
was correctly used as the base date rent in the rent
computations. However, the rent calculations chart contains an
error in the computation of the allowable MCI increase which
should be $8.44. Accordingly, the Commissioner has computed the
lawful stabilization rent using the corrected figure $8.44 for
the MCI increase and finds the lawful stabilization rent
effective June 1, 1983 should be $410.26, resulting in an
overcharge of $1.64 per month for 25 months or $41.00 for the
period June 1, 1983 through June 30, 1985. The rent calculation
chart is further revised as follows:
Lease Term Actual Rent Explanation Lawful Over-
From - To Charged Stab.Rent charge
6/1/83 6/30/85 $411.90 $410.26 $1.64
7/1/85 6/30/80 $436.61 Guideline #16
$410.26 + 6% for
1 year renewal 434.88 1.73
7/1/86 6/30/88 $464.99 Guideline # 17 463.15 1.84
$434.88 + 6.5% for
2 year renewal
6/1/83 - 6/30/85
$1.64 X 25 months $41.00
7/1/85 - 6/30/86
$1.73 X 12 months $20.76
7/1/86 - 11/30/87
$1.84 X 17 months $31.28
4/1/84 - 11/30/87 $ 4.16
Excess Security $ 1.84
resulting in a total overcharge of $99.04, inclusive of excess
security and interest on the overcharge occurring on or after
April 1, 1984. The owner is ordered to refund a total of $99.04
or the tenant may offset the rent by an amount not in excess of
twenty percent of the overcharge per month until the total
overcharge has been recovered.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
BK 110245 RO
ORDERED, that this petition be, and the same hereby is, granted
in part, and the Rent Administrator's order be, and the same
hereby is, modified in accordance with this Order and Opinion.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner