CB 110223 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.: CB 110223 RO
RICHARD ALBERT, DRO DOCKET NO.: Q-3121337-R
TENANT: RICHARD POSLETT
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On February 25, 1988, the above-named owner filed a Petition for
Administrative Review of an order issued on January 26, 1988, by
the Rent Administrator concerning the housing accommodations known
as 93-41 222nd Street, Queens Village, New York, Apartment No. 2A,
wherein the Rent Administrator determined that the owner had
overcharged the tenant.
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 order was
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 on March 30, 1984 by the
filing of a rent overcharge complaint by the tenant. In answer to
the complaint, the owner submitted a complete rental history for
the subject apartment.
In Order Number Q-3121337-R, the Rent Administrator determined that
the tenant had been overcharged in the amount of $14.95, including
excess security and interest on the portion of overcharges
occurring on and after April 1, 1984, and directed the owner to
refund such overcharge to the tenant.
In this petition, the owner requests reversal of the Rent
Administrator's order and contends in substance that, among other
things, the Administrator's finding of an overcharge to the tenant
was based on the Administrator's failure to include a $0.50
additional monthly charge for window guards in the calculation of
the lawful stabilization rent.
The Commissioner is of the opinion that this petition should be
granted in part.
CB 110223 RO
The Commissioner notes that an owner is not allowed to include
charges for window guards in the base rent for the purpose of
calculating guideline increases.
An examination of the records in this case discloses that the owner
incorrectly included a $.50 window charge in the base rent prior to
the guideline increase taken upon the May 1, 1985 lease renewal and
charged the tenant $506.31 commencing May 1, 1985 to April 30,
1987. However the Rent Administrator in determining that there was
a resulting overcharge of $.55 per month failed to credit the owner
with a $.50 window guard increase allowed as a separate charge to
the $505.76 based rent effective May 1, 1985. Adding the $.50
window guard charge makes the lawful stabilization rent $506.26 and
results in an overcharge of $.05 per month. This results in a
total overcharge of $1.36 including interest and excess security
through April 30, 1987 rather than $14.95 as determined by the Rent
The Administrator's order is herein modified to reflect that
$506.26 is the lawful stabilization rent, which includes $.50 for
window guards, for the period May 1, 1985 through April 30, 1987.
The owner is cautioned that the $.50 window guard charge is a
separate charge which does not become part of the base rent.
Because this determination concerns lawful rents only through April
30, 1987, the owner is cautioned to adjust subsequent rents to an
amount no greater than that determined by the Rent Administrator's
order plus any lawful increases, and to register any adjusted rents
with this order and opinion being given as the explanation for the
Upon the expiration of the period in which the landlord may
institute a proceeding pursuant to Article 78 of the Civil Practice
law and Rules, the tenant may offset against any rent thereafter
due the owner the remaining overcharge.
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 in part, that the order of the Rent
Administrator be, and the same hereby is, modified as above set
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner