DOC. NO.: BL 410255-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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. BL 410255-RO
BARRY MARTIN, INC., : DISTRICT RENT ADMINISTRATOR'S
DOCKET NO. U 3123499-RT
PETITIONER :
------------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On December 29, 1987 the above-named owner filed a petition for
administrative review of an order issued on December 11, 1987 by a
District Rent Administrator concerning the housing accommodation
known as Apartment 6-G, 4410 Broadway, New York, New York, wherein
the owner was directed to roll back the rent and to refund
overcharges of $3.27, including excess security and interest for
overcharges collected after April 1, 1984.
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 petition for review.
On March 31, 1984, the subject tenant filed a complaint of rent
overcharge.
Attached to the owner's answer was a copy of a Major Capital
Improvement (M.C.I.) order for the installation of a new intercom
system, issued by the Conciliation and Appeals Board ("C.A.B.")
increasing the rent effective December 30, 1981 by .38 of one per
cent (.0038 of the rent charged).
In the order under review herein, the Administrator computed total
overcharges in the amount of $3.27 including excess security and
accrued interest from April 1, 1984.
In this petition, the owner points out that the Administrator
failed to take into account the M.C.I. order issued by the C.A.B.
in calculating the legal regulated rent, and that there was no rent
overcharge.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted.
DOC. NO.: BL 410255-RO
The Commissioner takes note of the fact that the C.A.B. granted the
owner a major capital improvement rent increase for the
installation of a new intercom system in an order which was issued
on June 17, 1982 under Order No. OM-3200. As the order allowed a
monthly rent increase of .38 of one percent (.0038) effective
December 30, 1981, the owner is correct in pointing out that the
lawful stabilized rent effective December 30, 1981 should have been
increased from $376.25 to $377.68. (376.25 x .0038 = $377.68).
The owner is also correct in pointing out that on page two of the
Administrator's "Rent Calculation Chart", it should have stated
that the lease period commenced on October 1, 1984, and the lawful
stabilized rent for that lease period is $411.67. ($377.68 x 9%
for a two year lease renewal).
Accordingly, the Commissioner is of the opinion that the
Administrator's order should be revoked, and that the owner's
petition should be granted.
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; and it is
FURTHER ORDERED, that the rents for periods subsequent to September
30, 1986 should be based upon the amount of $411.67 for the lease
period of October 1, 1984 through September 30, 1986; and it is
FURTHER ORDERED, that the tenant may repay any arrears in rent
arising as a result of this order in two equal monthly installments
commencing with the next rent payment date.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
|
