ADM. REVIEW DOCKET NO.: CA 110175 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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
CA 110175 RO
:
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: Q - 3122115 - R
CAMPUS ASSOCIATES,
TENANT: Jeanne Shear
PETITIONER :
------------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On January 22, 1988, the above-named owner filed a Petition
for Administrative Review of an Order issued on December 24, 1987
by a District Administrator concerning housing accommodations
known as 68-18 150th Street, Apartment 461A, Flushing, N.Y.
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 issues raised by the administrative appeal.
This proceeding was originally commenced on February 28,
1984 by the filing of a rent overcharge complaint by the tenant.
The tenant took occupancy pursuant to a lease commencing June 1,
1981 and expiring May 31, 1983 at a monthly rent of $322.10,
which was increased to $330.19 during the term of said lease for
major capital improvements.
The owner submitted a rental history for the subject
apartment.
In Order Number Q 3122115 R, the District Rent Administrator
determined that the tenant had been overcharged in rent in the
amount of $1818.55, including interest and excess rent security,
and directed the owner to refund such overcharge to the tenant.
For the renewal lease commencing June 1, 1985 and expiring May
ADM. REVIEW DOCKET NO.: CA 110175 RO
31, 1987, the Administrator established the lawful stabilization
rent as $346.93.
In this petition the owner requests that the Administrator's
Order be reversed. The owner contends that the Order failed to
show how the monthly rent of $346.93, for the lease commencing
June 1, 1985 and expiring May 31, 1987, and total overcharges
were established. The owner further contends that there should
be no overcharges.
In answer to the petition the complainant tenant stated that
it was improperly being charged an increase in rent for major
capital improvements which, the tenant further stated, were made
prior to its occupancy of the subject apartment.
In response to the tenant's answer (cited above), the owner
stated, in essence, that the major capital improvements were
completed after the commencement of the tenant's vacancy lease
and that an application for an MCI rent increase was filed in
1982. The owner submitted with its response a copy of Order No.
OM 3547 which provided for an MCI rent increase and indicated
the filing date of the MCI application as April 7, 1982. The
owner also submitted with its response a copy of the tenant's
first lease and rent guidelines rider.
The Commissioner is of the opinion that this petition should
be granted.
The Commissioner notes that the Administrator's Order failed
to take into account the rent allowances for electrical inclusion
to which the owner was entitled since electricity is included in
the rent. In addition the owner was entitled to an MCI rent
increase pursuatn to Order No. OM 3547 at the start of the
tenant's renewal lease. Contrary to the tenant's contention, the
MCI application was filed after the tenant commenced her vacancy
lease and was not included in said vacancy lease. When these
factors are taken into account, it is apparent that no rent
overcharge in fact occurred.
If the owner has already complied with the 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 twenty four equal monthly installments. Should
the tenant vacate after the issuance of this Order and Opinion,
or have previously vacated, said arrears shall be payable
immediately.
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 District Rent Administrator's Order be, and
the same hereby is, revoked and it is found that no rent
overcharge occurred.
ISSUED:
ADM. REVIEW DOCKET NO.: CA 110175 RO
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
