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.BH210194RO
: DRO DOCKET NO.
JRD Management K3104143R/CDR30870
PETITIONER : TENANT: Antonio Knight
ORDER AND OPINION GRANTING PETITION IN PART FOR ADMINISTRATIVE
On August 18, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on July
14, 1987 by the Rent Administrator, 10 Columbus Circle, New York,
New York concerning the housing accomodation known as 40 Clarkson
Avenue, Apartment 4N, Brooklyn, New York wherein the Administrator
determined that the owner had overcharged the tenant.
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 in the Administrative Appeal.
This proceeding was commenced on March 30, 1984 when the tenant
filed a complaint of rent overcharge.
In answer to the complaint, the owner stated that upon receipt of
the notice of complaint, it had reviewed the tenant file and had
found an error in its rent calculations. With its subsequent
correction of the error, it had credited the tenant's account and
had adjusted the rent and that therefore, it believed that the
complaint had been resolved. With its answer, the owner submitted
a complete lease history, a letter of credit to the tenant, a Due
and Paid worksheet portraying the credit and copies of DHCR
opinions granting rent increases for Major Capital Improvement
In the order here under review, the Administrator determined that
the owner had collected overcharges of $1463.96 inclusive of excess
security and interest on the overcharge.
In its appeal, the owner contends that the order should be reversed
as the Administrator made a number of errors, including 1)
incorrectly calculating and noting MCI Opinions; 2) omitting a 1/2%
stabilizer from the lease term commencing during Rent Guideline
Board Order #6; 3) not acknowledging the refund of $1408.55 issued
to the tenant. The owner also states that it made a minor
mathematical error when it previously adjusted the rent but that it
has since corrected said error and will apply the ensuing credit
($96.96) to the tenant's account effective September 1, 1987.
Although afforded the opportunity to do so, the tenant did not
respond to the petition.
The Commissioner is of the opinion that this petition should be
granted in part.
Review of the record discloses that the Administrator failed to
include a 1/2% stabilizer in the July 1, 1974 - June 30, 1976
lease. The Administrator also miscalculated various M.C.I rent
increases. The omission and MCI miscalculations resulted in a
miscalculation of the legal rent throughout the Administrator's
rent calculation chart culminating in the establishment for the
lease term July 1, 1985 to June 30, 1987 of $336.56 instead of the
correct legal rent of $337.93.
The record reveals that the owner submitted evidence that it had
adjusted the rent and had credited the tenant with a refund of
$1408.55. The tenant was given an opportunity in the proceeding
before the Administrator and in this appeal to refute the owner's
assertion regarding the refund. Since the tenant has remained
silent on this issue, the Commissioner must accept the refund and
rent adjustment as evidenced in the record.
The Commissioner notes that since this administrative proceeding is
not de novo, the Commissioner is limited to the dates covered by
the Administrator's order. Consequently, the Commissioner finds,
taking the refund into account, there is an outstanding overcharge
of $96.96 plus interest on the overcharge occurring on after April
1, 1984 or $110.17.
The owner is directed to refund $110.17 to the tenant if it has not
already done so.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is granted in
part and the Rent Administrator's order be and the same hereby is,
modified in accordance with this order and opinion.
JOSEPH A. D'AGOSTA