BL 410164 RT
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 410164 RT
MATTHEW HANDAL, DRO DOCKET NO.: L 3112931 R
CDR 31,782
OWNER: METROPOLITAN LIFE
INSURANCE COMPANY
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 8, 1987, the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on
November 10, 1987 by the Rent Administrator, 10 Columbus Circle,
New York, New York, concerning the housing accommodations known as
277 Avenue C, Apartment 9H, New York, New York wherein the Rent
Administrator dismissed the tenant's rent overcharge complaint.
The Commissioner notes that this proceeding was filed prior to
April 1, 1984. Sections 2526.1(a)(4) and 2521.1(d) of the Rent
Stabilization Code (effective May 1, 1987) governing rent
overcharge and fair market rent proceedings provide that
determination of these matters be based upon the law or code
provisions in effect on March 31, 1984. Therefore, unless
otherwise indicated, reference to Sections of the Rent
Stabilization Code (Code) contained herein are to the Code in
effect on April 30, 1987.
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.
This proceeding was originally commenced on March 28, 1984 when the
tenant filed a complaint of rent overcharge.
The owner was served with a copy of the complaint and submitted a
complete rental history as required, denying any rent overcharge.
In the order issued on November 10, 1987, the Administrator
determined that there was no overcharge and dismissed the
BL 410164 RT
complaint.
In this appeal, the tenant contends that the rent collected per
month, $694.06, exceeded the amount stated in the lease, $654.06.
The Commissioner is of the opinion that this appeal should be
denied.
A review of the record reveals that the tenant's contention is
based upon a mis-reading of the rent which is correctly stated in
the lease as $694.06. The Commissioner notes that the typed
figures are blurred and difficult to read. However, as can be
verified by the rent calculation chart developed by the Rent
Administrator, the accuracy of the rent collected is confirmed by
the rental history submitted by the owner and the tenant has stated
that he paid $694.06 during this lease period rather than $654.06.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
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JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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