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. BK110260RO
KALED MANAGEMENT CORP., DRO DOCKET NO. ZQ004552R
PETITIONER TENANT: STEVEN BLOOMFIELD
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On November 30, 1987, the above-named owner filed a Petition for
Administrative Review against an order issued on November 2, 1987
by the Rent Administrator concerning the housing accommodations
known as 69-40 108th Street, Forest Hills, New York, Apartment No.
4J wherein the Rent Administrator determined that the complainant
tenant was overcharged in rent.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2526.1 of the Rent Stabilization Code.
The issue herein is whether the Rent Administrator's calculation of
the lawful stabilization rents for the subject apartment reflects
two voluntary reductions in the complainant tenant's rent and a
credit in the amounts of $195.00 and $138.04 to this tenant's 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 October
24, 1985 of a rent overcharge complaint by the tenant.
In answer to the tenant's complaint, the owner submitted the
requisite rental history and stated that it was reducing the
tenant's rent and crediting the tenant with $195.00 and $138.04.
In Order Number ZQ004552R, the Rent Administrator determined that
the complainant tenant was overcharged in rent in amount of
$522.08, including excess security and interest.
In the petition, the owner disputes the Rent Administrator's
calculation. The petitioner states that, effective December 1,
1985, the rent charged the complainant tenant was $700.17 rather
than $715.17 used in the Administrator's calculations. Further,
the petitioner submitted evidence on appeal in support of its
assertion in the proceeding before the Rent Administrator that it
further reduced this tenant's rent effective May 1, 1987 and that
it had compensated this tenant in the amounts of $195.00 and
$138.04 for the periods said tenant was overcharged in rent. The
petitioner requests that the Rent Administrator's calculations be
amended based on the foregoing.
On January 14, 1987, a notice was sent to the complainant tenant
stating the filing with the DHCR of the owner's petition and the
opportunity to respond thereto. The record shows that the tenant
did not file a response with the DHCR.
The Commissioner is of the opinion that this petition should be
The Commissioner notes that the Rent Administrator's calculation of
the lawful stabilization rents for the subject apartment failed to
include the period from May 1, 1987 to the date of issuance of the
Evidence in the record shows that the owner voluntarily reduced the
complainant tenant's monthly rent to $700.17, effective December 1,
1985, and credited this tenant, in part, in the amount of $195.00
for overcharges occurring prior thereto. The record further shows
that, effective May 1, 1987, the owner again voluntarily reduced
this tenant's rent to $694.89 and credited him in the amount of
$138.04, the amount of $138.04 reflecting the balance in credit for
overcharges occurring during the period October 15, 1984 to
December 1, 1985 and full credit for overcharges occurring during
the period December 1, 1985 to May 1, 1987.
Accordingly, the Commissioner finds that the complainant tenant had
been overcharged in rent prior to May 1, 1987 but that said tenant
was fully credited for such overcharges.
Therefore, the Rent Administrator's order finding overcharges must
If the owner has already complied with the Rent Administrator's
order and there are arrears due to the owner as a result of the
instant determination, the tenant shall be permitted to pay off the
arrears in twelve equal monthly installments. Should the tenant
vacate after the issuance of this order or have already vacated,
said arrears shall be payable immediately.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and the
same hereby is, granted, and that the order of the Rent
Administrator be, and the same hereby is, revoked.
JOSEPH A. D'AGOSTA