BL 410254 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 410254 RO
Barry Martin, Inc. DISTRICT RENT ADMINISTRATOR
c/o Isadore Fishman, DOCKET NO.: U-3123734-R/T
PETITIONER Tenants: A. & A.E. Morales
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART
On December 28, 1987 the above named petitioner-owner filed a
Petition for Administrative Review against an order issued on
December 4, 1987, by the Rent Administrator at 10 Columbus
Circle, New York, New York, concerning the housing accommodations
known as apartment number 4G at 4410 Broadway, New York, New
York, wherein the Administrator established the stabilized rent
and directed the owner to refund $53.56, including interest from
April 1, 1984.
The Commissioner notes that this proceeding was initiated 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 issue raised by the administrative appeal.
This proceeding was originally commenced on March 31, 1984, by
the filing of a Fair Market Rent Appeal (FMRA) and a complaint of
rent overcharge (both of which were assigned the same above
referenced docket number: U-3123734-R/T) with the New York City
Conciliation and Appeals Board (CAB, the agency formerly charged
with enforcing the Rent Stabilization Law) by the tenants.
The owner submitted a rental history from the base date.
On the chart attached to and made a part of the order, based on
the rental documentation submitted by the owner, the
Administrator established the stabilized rent; and found that for
each month during the tenants' September 1, 1985 through August
31, 1987 renewal lease, the owner had overcharged the tenants
$1.97.
In its Petition, the owner contends that the Administrator erred
BL 410254 RO
on the rent calculation chart attached to the order by failing to
acknowledge that the owner was entitled to an MCI increase equal
to $1.81 under CAB Opinion Number 20,923 as of the beginning of
the tenants' September 1, 1985 through August 31, 1987 renewal
lease. The owner states that if said increase had been factored
into the Administrator's calculations, no overcharge would have
been found.
Although afforded the opportunity, the tenants have not
interposed an answer to the owner's Petition.
The Commissioner is of the opinion that the Petition should be
granted in part.
The Commissioner finds that under Opinion Number 20,923 the owner
had been granted a .38% increase over the June 1, 1981 rent. The
Commissioner further finds that the legal rent on June 1, 1981
was $393.86. Therefore, the Commissioner finds that the owner
should have been credited below with a $1.50 per month rent
increase. The Commissioner, further, calculates that the total
refund to be paid by the owner to the tenant is as follows:
$12.31 ([$.47 x 24 mos.] + interest) + $.47 (excess security) =
$12.78. The Commissioner also finds that the tenants' legal rent
during the lease term which commenced on September 1, 1985 and
terminated on August 31, 1987 was $579.20.
This order may, upon the expiration of the period in which the
owner may institute a proceedi g pursuant to Article Seventy-
eight of the Civil Practice Law and Rules, be enforced by the
tenants by their deducting the overcharge from any rent
thereafter due the owner.
If the owner has already complied with the Administrator's order
and there are arrears due to the owner as a result of the instant
determination, the tenant may pay off the arrears in two (2)
equal monthly installments. Should the tenants vacate after the
issuance of this order, or if they have already vacated, said
arrears shall be payable immediately.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this Petition be, and the same hereby is granted in
part; and the Administrator's order be, and the same hereby is,
modified in accordance with this order and opinion.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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