BL 110138-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.:
BL 110138-RO
CAMPUS ASSOCIATES,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER Q 3119963-R
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING ADMINISTRATOR'S ORDER
On December 17, 1987, the above-named owner, filed a Petition
for Administrative Review against an order issued on November 12,
1987, by the Administrator (10 Columbus Circle, New York,
New York) concerning housing accommodations, known as Apartment
318-A, at 69-15 150th Street, Flushing, New York, wherein the
Rent Administrator determined the tenant's complaint of rent
overcharge, established the legal regulated rent at $433.21 per
month as of December, 1982 through November 30, 1985 and directed
the refund of rent overcharges ($595.43 including interest and
excess security) for the period November 15, 1981 through
November 31, 1985. The owners listed in the order are T. . Man-
agement Corp. and the petitioner herein.
In this petition the current owner does not question the pro-
priety of such portion of the Rent Administrator's order as
determined that an overcharge occurred or the extent thereof but
rather contends, in substance, that it took ownership on January
17, 1984, and thus the Administrator's order should be modified
so as to reflect the amount of its individual responsibility with
respect to the complaining tenant.
The Commissioner is of the opinion that this petition should be
granted.
The Commissioner notes that Section 2526.1(f) provides that for
complaints filed before April 1, 1984, an owner is liable only
for his or her portion of the overcharges collected, in the
absence of collusion or any relationship between such owner and
any prior owners. Since this complaint was filed prior to April
1, 1984, the obligation of the petition herein is limited to
$178.74 to cover the period from its acquisition of the subject
building, January 17, 1984, to November 31, 1985. The prior
owner, Campus Hall Apartments, is responsible for the remaining
BL 110138-RO
$416.69.
This determination is without prejudice to the right of the
tenant to proceed in a Court of appropriate Jurisdiction with
respect to the remaining balance.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, granted;
and that the Rent Administrator's order be, and the same hereby
is, modified to the extent of apportioning the obligation to
refund overcharges; and that as so modified said order be, and
the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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