BL 410153 RO; BL 410367 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 410153 RO
BL 410367 RO
105 East 8th Street Associates, DISTRICT RENT OFFICE
DOCKET NO.: 45748
TENANT: Malcolm Marguith
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner has timely filed the above-referenced
petitions for administrative review of an order issued on
October 30,1987, by the Rent Administrator, Columbus Circle,
New York, concerning the housing accommodations known as 105 East
38th Street, New York, Apartment No. 2B, wherein the Rent
Administrator granted the tenant's objection to the 1984
Apartment Services Registration.
This proceeding was commenced with the filing of the
aforementioned objection in August, 1984. It was there stated,
inter alia, that although the April 1, 1984 rent shown by the
owner on this Division's form RR-1 was $474, the tenant was in
fact paying $400 at that time. The owner responded that the
tenant "continued to pay $400.00 per month rent during the
pendency of . . . proceedings before the CAB and/or the DHCR,"
and that although, pursuant to court stipulation, the owners had
not collected the rent provided for in the applicable lease, they
were "now entitled to collect such lease rents in light of the
decision of the DHCR, under Docket Nos. ARL 05573 L-76 [sic]."
In response to a subsequent Administrator's request, the owner
submitted copies of Civil Court stipulations of March 15, 1982
and September 7, 1983. An attached letter stated inter alia that
the owner had not sought to collect the lease rent, pending
determination of tenants' challenges as to the effective date of
the subject lease and others, but that "[s]ince that challenge
has been resolved, we are in the process of computing the
arrears" arising from uncollected intervening guidelines
increases.
In the aforementioned order, here appealed, the Administrator
concluded: "Based on the evidence in the record which includes
the Civil Court Stipulation, it is determined that on 4/1/84 the
tenant paid a monthly rent of $400.00"; the Administrator
therefore ordered the Registration amended to reflect that figure
as the registered rent.
The instant petition incorporates the owner's previous statements
by reference, adding that the rent in question "was $474.00 per
month pursuant to a lease effective March 1, 1981," that the
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owner was obliged to accept the previous rent pending a
determination "as to the effectiveness of a previous lease," and
that in its decision docketed at numbers ARL 5573-76 L, the
Commissioner had "affirmed the validity" of same.
The record contains no tenant's response to this petition.
The Commissioner is of the opinion that the petition should be
granted.
The operative facts herein are: that the rent under a disputed
lease was $474 monthly; that because of a pending proceeding
under which the effectiveness of that lease had been suspended,
the owner was only collecting $400 at the relevant time; and that
pursuant to a later stipulation, the parties signed another
lease in which the rent for the relevant time was again $474. Of
these facts, the Commissioner regards the first and last as
dispositive. When the owner filed the disputed registration
statement, the only existing lease called for $474 in monthly
rent. After the subsequent stipulation had called for the
issuance of a new lease, the parties signed a lease, retroactive
to the pertinent time for registration purposes, calling for the
same rental. Therefore, the registration rent was properly
listed as $474. (That it was not $400 is easily seen by taking
that result to its logical extreme: if a court were to order all
rent payments suspended pending a certain decision, the proper
registered rent would not be zero).
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 list the April 1, 1984 registered rent as
$474.00.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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