CA 410215 RO
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.: CA 410215 RO
Avon Bard Co. DISTRICT RENT ADMINISTRATOR
c/o A.J. Clarke Mgmt. Corp., DOCKET NO.: AC 410268 R
Tenant: Nadine Schefren &
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On January 7, 1988, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
December 28, 1987, by the District Rent Administrator, Gertz
Plaza, Jamaica, New York, concerning housing accommodations known
as Apartment 6C, 320 East 22nd 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 tenants. The tenants took occupancy
pursuant to a lease commencing November 1, 1985 and expiring
October 31, 1987 at a monthly rent of $1125.00.
The owner was served with a copy of the complaint and was
requested to submit rent records to prove the lawfulness of the
rent being charged.
In the order herein appealed, the District Rent Administrator
established the initial legal registered rent of April 1, 1984 at
$885.00 per month, and ordered a refund of the overcharges in the
amount of $1633.30 including interest and excess security. In
the order, the Administrator rejected the owner's assertions that
it was entitled to a rent increase representing 1/40th of the
cost of improvements and found that the owner had failed to
submit copies of bills, invoices and cancelled checks.
In this petition, the owner contends that the District Rent
Administrator's Order is incorrect and should be modified because
the owner documented the cost of the improvements in the
proceeding before the Rent Administrator, and the rent
calculation chart contains a typographical error in column 7
specifically, the figure of $55.67 should actually be $55.57.
In answer to this petition, the tenants contend that the order
should be upheld because of the owner's failure to comply with
CA 410215 RO
the agency's request to submit evidence of the cost of
The Commissioner is of the opinion that this petition should be
granted in part.
The evidence of record indicates that in letters received by the
DHCR on October 15, 1987 and October 23, 1987 the owner provided
copies of the invoices and cancelled checks for apartment
improvements totalling $1546.18, 1/40th the cost of which amounts
to $38.65 per month. The invoices are for a refrigerator and
stove, as well as for construction of a second bedroom and
closet. All of these improvements had been contemplated in the
The owner is credited with 1/40 of the cost of the second bedroom
construction beginning November 1, 1985. The increase of 1/40th
of the cost of the appliances begins March 1, 1986 since the
tenants advised in their complaint that the appliances were
installed some five months after the beginning of the lease but
were in place on March 17, 1986, the date of the tenants'
The error pointed out by owner in column 7 of the rent
calculation chart is typographical and is rendered moot by the
modifications contained herein.
Accordingly, the Commissioner establishes the lawful
stabilization rent at $1088.18 as of November 1, 1985; $1108.08
as of March 1, 1986; and $1180.11 as of November 1, 1987; and
finds that the refund now due the tenant is $566.77 which has
been computed as follows:
November 1, 1985 - February 28, 1986 :
$147.28 ($36.82 per month)
March 1, 1986 - October 31, 1987 :
$338.40 ($16.92 per month)
November 1, 1987 - December 31, 1987 :
$36.04 ($18.02 per month)
Interest : $27.03
Excess Security: $18.02
Any arrears owed by the tenant as a result of this order shall be
paid by the tenant to the owner in equal monthly installments
over the course of the next twelve months.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is granted in
part and the District Rent Administrator's order be and the same
hereby is modified in accordance with this order and opinion,
and the total amount of the overcharge is $566.77.
CA 410215 RO