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.: BH 410143-RO
DRO DOCKET NO.: L 005964-R
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 17, 1987, the above-named petitioner-owner filed a Petition for
Administrative Review of an order issued on August 5, 1987, by the
District Rent Administrator, 10 Columbus Circle, New York, New York
concerning housing accommodations known as Apartment 5 at 502 East 12th
Street, New York, New York, wherein the District Rent Administrator
determined that the tenant had been overcharged.
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 of a rent
overcharge complaint by the tenant. The tenant took occupancy pursuant to
a lease commencing October 1, 1984 and expiring September 30, 1985 at a
monthly rent of $825.00.
In response to a notice from the DHCR, the owner submitted a lease for a
prior tenant (Foerster) for the period from November 1, 1983 to October
31, 1984 at a monthly rent of $725.00.
In the order under appeal herein, the District Rent Administrator
determined that the April 1, 1984 registered rent of $725.00 was the
initial legal registered rent for the apartment; established the lawful
stabilized rent for the tenant's initial lease term from October 1, 1984
to September 30, 1985 at $768.00, and directed the owner to refund
overcharges in the amount of $763.18, including interest on the
overcharges collected on or after April 1, 1984, to the tenant. The
Administrator determined that since a vacancy had occurred during
Guideline 15, the owner was not entitled to the 7.5% vacancy allowance for
the tenant's initial lease under Guideline 16.
In this petition, the owner contends that a vacancy occurred between
October 1, 1983 and September 30, 1984, that the last vacancy allowance
was collected prior to October 1, 1983, and therefore the owner was
entitled to the Guideline 16 vacancy allowance for the tenant's initial
DOCKET NUMBER: BH 410143-RO
By notice dated June 26, 1991, the owner was requested to submit a copy of
the lease in effect immediately prior to the lease for the prior tenant
Foerster which commenced November 1, 1983. The owner did not respond to
The Commissioner is of the opinion that this petition should be denied.
Rent Guidelines Board Order Number 16, applicable to leases commencing
between October 1, 1984 and September 30, 1985, provides for a vacancy
allowance of 7.5% where there was a new tenancy commencing between October
1, 1983 and September 30, 1984 (Guideline 15) and no vacancy allowance was
collected during that period. Where a vacancy allowance was collected
during Guideline 15, no vacancy allowance is collectible under Guideline
In the instant case, the owner acknowledges that a vacancy occurred during
Guideline 15, but the owner has failed to document his assertion that no
vacancy allowance was collected during that period. Therefore the
Commissioner finds that the Administrator correctly did not allow a
vacancy allowance for the complainant tenant's vacancy lease under
Because this determination concerns lawful rents only through September
30, 1985, the owner is cautioned to adjust subsequent rents to an amount
no greater than that determined by this order plus any lawful increases,
and to register any adjusted rents with this order and opinion being given
as the explanation for the adjustment. A copy of this order and opinion
is being sent to the current occupant of the subject apartment.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be and the same hereby is denied and the
District Rent Administrator's order be and the same hereby is affirmed.
The total amount of overcharge is $763.18.