STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. BG610241RO
: DISTRICT RENT OFFICE
River Park Associates, DOCKET NO. TC63374G
TENANT: Edwin Stolze
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On July 20, 1987 the above-named petitioner-owner filed a Petition for
Administrative Review against an order issued on June 15, 1987, by a
Rent Administrator concerning the housing accommodations known as
2550 Independence Avenue, Bronx, New York, Apartment No. 6C - garage
space 30 outdoor, wherein the Rent Administrator determined that the
owner had overcharged the tenant on the garage rental.
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 issue herein is whether the Rent Administrator's order was
The applicable sections of the Law are Section 26-516 of the Rent
Stabilization Law and Section 2526.1(a) of the current Rent
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 by the filing on June 22, 1982
of a rent overcharge complaint by the tenant.
The tenant had separate lease agreements for his apartment and a garage
space, and his complaint alleged overcharges for the garage space only.
The tenant initially rented the space on November 1, 1970 for a one year
lease term at $20.00 per month.
In response the owner submitted a lease history and admitted a "small"
overcharge, which it calculated through the lease term ending on
September 30, 1979.
In Order No. TC 63374-G, issued on June 15, 1987, the Rent Administrator
determined overcharges totalling $382.82, including interest, for the
period through September 30, 1985.
In its petition, the owner argues that the Administrator miscalculated
the increases under Guidelines #4 and #5 by deeming incorrect lease
terms for the fractional periods covered by those guidelines.
Additionally, the owner contends that it was improper to calculate any
overcharges or interest after May 9, 1984, which is the date the
building was converted to cooperative ownership.
The tenant's answer did not address the issues raised in the petition.
The Commissioner is of the considered opinion that this petition should
Petitioner correctly cites the provisions on fractional terms in
Guidelines Orders #4 and #5 as authorizing an increase equivalent to the
next highest year's increase for renewal lease terms that are
fractionally in excess of one or two year's length. Specifically, the
14 month deemed lease term commencing on November 1, 1972 and
terminating on December 31, 1973 was eligible for a two year guidelines
increase (8 1/2%) instead of a one year increase (6 1/2%); similarly,
the 26 month lease term commencing on January 1, 1974 and terminating on
February 28, 1976 qualified for the three year guidelines increase (10
1/2%) instead of a two year increase (8 1/2%).
The Commissioner affirms the finding of a two year deemed lease
commencing on October 1, 1982, since the tenancy was terminated after 19
months when the tenant purchased the apartment. Petitioner is correct,
however, that overcharge calculation should cease as of the date of
The lawful stabilized rent is recalculated on the attached rent
calculation chart. The total overcharges are reduced to $212.26, for
the period ending on May 9, 1984.
This Order may, upon expiration of the period for seeking review of this
Order and Opinion pursuant to Article Seventy-eight of the Civil
Practice Law and Rules, be filed and enforced as a judgment. Upon such
filing, the County Clerk may add to the overcharge, interest at the rate
payable on a judgment pursuant to section 5004 of the Civil Practice Law
and Rules from the issuance date of the Rent Administrator's Order to
the issuance date of the Commissioner's Order.
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 Administrator's order be and the same hereby is, modified in
accordance with this order and opinion.
JOSEPH A. D'AGOSTA