Adm. Review Docket Number: BJ 230111 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.: BJ 230111-RO
:
MIDCOASTAL PROPERTIES, INC., DRO DOCKET NOS.:
K-3105886-R
PETITIONER : CDR 31548
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TENANT: BARRY SILVERMAN
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On October 20, 1987, the above-named petitioner-prior owner filed a
Petition for Administrative Review against an order issued on
October 8, 1987 by the District Rent Administrator, 10 Columbus
Circle, New York, New York concerning housing accommodations known
as Apartment 1B at 3845 Shore Parkway, Brooklyn, New York wherein
the District Rent Administrator determined that the owner had
overcharged the tenant.
The issue in this appeal is whether the District Rent
Administrator's order was warranted.
In this petition, the owner contends in substance that there was no
rent overcharge in that the District Rent Administrator's order
incorrectly added in an increase for a Major Capital Improvement.
The Commissioner is of the opinion that this petition should be
granted.
The rent increase granted on July 19, 1984 in Docket No. OM-3975 was
for a 0.84% increase of the September 17, 1983 rent of $374.46, or
$3.15. This increase was effective as of September 17, 1983, but
the Administrator in the case under appeal did not add it in until
the lease commencing August 1, 1984, thus ignoring a Guidelines
increase on the $3.15 and finding an overcharge of $.22 per month
beginning in that lease. When the $3.15 increase is correctly
included in the rent of the lease ending July 31, 1984, the lawful
stabilization rent in the lease commencing August 1, 1984 is $404.04
per month and in the lease commencing August 1, 1986 is $430.30 per
month. Since these are the rents actually charged there has been no
overcharge shown, and the Commissioner's order finding an overcharge
of $9.37 as of August 31, 1987 must therefore be revoked.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
Adm. Review Docket Number: BJ 230111 RO
ORDERED, that this petition be, and the same hereby is, granted and
that the District Rent Administrator's order be, and the same hereby
is, revoked since there was no rent overcharge. The lawful
stabilization rent is $430.30 as of August 31, 1987.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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