BL 210241 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.: BL 210241 RO
901 Washington Avenue
Stanley Rosenberg, DISTRICT RENT ADMINISTRATOR
DOCKET NO.: K 3108045-R
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On December 23, 1987, the above-named owner filed a petition for
administrative review of an order issued on December 4, 1987 by a
District Rent Administrator concerning the housing accommodations
known as Apartment 5N, 901 Washington Avenue, Brooklyn, New York.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to
the issues raised by the petition for review.
On December 4, 1987 the District Rent Administrator issued the
order appealed herein establishing the lawful stabilization rent
and determining that the owner had collected an overcharge in the
amount of $94.55, including interest.
In his petition, the owner contends that the Rent Administrator's
calculations are incorrect since they do not account for the fact
that beginning January 1, 1986 a two-year lease was in effect.
The tenant did not submit an answer to the owner's petition.
After careful consideration the Commissioner is of the opinion
that this petition should be granted.
A review of the record reveals that the tenant entered into a
two-year lease beginning January 1, 1986 at a monthly rent of
$319.50 which is in accordance with the applicable Rent Guideline
Board Order No. 17.
Accordingly, the Commissioner has recomputed the lawful
stabilization rent for the lease commencing under Guideline 17
and finds that the subject tenant was not overcharged.
If the owner has already complied with the Rent Administrator's
order and there are arrears due to the owner as a result of the
instant determination, the tenant shall be permitted to pay off
the arrears in six monthly installments. Should the tenant
vacate after the issuance of this order or have already vacated,
said arrears shall be payable immediately.
BL 210241 RO
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 order of the District Rent Administrator be, and the
same hereby is, revoked.
JOSEPH A. D'AGOSTA