DOCKET NO.: CA 610271 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.: CA 610271 RO
STEVEN FINKELSTEIN DRO DOCKET NO.:
AJ 610140 R
TENANT: Randall Moore
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On January 28, 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 the housing accommodations
known as Apartment 6D, 1225 Sherman Avenue, Bronx, 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 issue raised by the administrative appeal.
This proceeding was originally commenced by the filing of a rent
overcharge complaint by tenant. The tenant took occupancy
pursuant to a lease commencing July 1, 1982 and expiring June 30,
1983 at a monthly rent of $204.00.
In Order Number AJ 610140 R, the District Rent Administrator
established the initial legal registered rent on April 1, 1984 at
$204.00 per month, and ordered a refund of the overcharges in the
amount of $293.81 through December 31, 1987 including interest
and excess security.
In this petition, the owner contends that the District Rent
DOCKET NO.: CA 610271 RO
Administrator's Order is incorrect and should be reversed because
the owner was granted a Major Capital Improvement rent increase,
the owner notified the Administrator of this fact during
processing, and finds no basis for the Administrator to have
lowered the rent.
The Commissioner is of the opinion that this petition should be
granted.
While the Administrator did take into account the Major Capital
Improvement rent increase which the owner had been granted, the
Administrator incorrectly applied Guideline 17 to the lease
beginning October 1, 1986. Guideline 18 should have applied to
that lease which provided for a 9% increase for a two year lease
plus $15.00 for lease amounts less than $350.00.
Application of the correct Guidelines increase results in no
overcharge.
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 six 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 Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, granted
and the District Rent Administrator's order be and the same
hereby is revoked and it is determined that the tenant was not
overcharged.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
DOCKET NO.: CA 610271 RO
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