BD110147.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. BD110147RO
DRO DOCKET NO.040979
Sunnyhill Gardens Associates, :
TENANT: Mary Leone
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On April 7, 1987 the above-named petitioner-owner filed a Petition
for Administrative Review against an order issued on March 5, 1987
by the Rent Administrator, 10 Columbus Circle, New York, New York
concerning the housing accommodations known as 39-35 51st Street,
Woodside, New York, Apartment No. 6G wherein the Rent Administrator
determined that the owner had overcharged the tenant $1.83 per
month in a lease from June 1, 1986 to May 31, 1988.
The issue herein is whether the Rent Administrator's order was
warranted.
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.
In its petition, the owner contends in substance that Order No. CDR
6248 (Docket No. OM-5949), issued on January 29, 1986 and granting
an increase for Major Capital Improvements, stated that the 5.26%
increase was to be calculated above the September, 1984 rent (in
this case stated by the owner to be $284.77), yet the Administrator
calculated the increase on the $251.20 rent resulting after a
November 4, 1982 order in Conciliation and Appeals Board (C.A.B.)
Opinion No. 22,992 (Docket No. OI-9098) directing an interim rent
reduction of 1.27% and $30.00 for conversion to electrical
exclusion.
The Commissioner is of the opinion that this petition should be
granted.
BD110147.RO
The order in Docket No. OM-5949 granted an increase of 5.26% of the
September, 1984 rent. Because C.A.B. Opinion No. 22,992 had been
issued on November 4, 1982, ordering an interim rent reduction of
1.27% and $30.00 after conversion to electrical exclusion, the
Administrator, assuming that the conversion had occurred somewhere
around the time
of the C.A.B. order, subtracted those out from the
September, 1984 rent on which the 5.26% increase was calculated,
resulting in an overcharge of $1.83 per month. However, the
conversion was not actually done until June 27, 1985, more than
nine months after September, 1984, according to the final
electrical conversion order issued on October 1, 1987 in Docket
No.AJ110006-OD, so the interim rent reduction was not yet in effect
in September, 1984, and should not have been subtracted out in the
calculation of the 5.26% increase. When this is corrected there is
no overcharge through March 31, 1987.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, granted;
that the Administrator's order be, and the same hereby is, modified
in accordance with this order and opinion; and it is found that
there is no overcharge through March 31, 1987. The lawful
stabilization rent is $298.43 per month in the lease from June 1,
1986 to May 31, 1988.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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