DOCKET NO.: CB410058RT
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 :
APPEAL OF ADMINISTRATIVE REVIEW
: DOCKET NO. CB410058RT
ADA PILOTO, DISTRICT RENT ADMINISTRATOR'S
: DOCKET NO. BH420024RP
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN PART
On February 5, 1988, the above-named tenant filed a petition for
administrative review of an order issued on January 28, 1988 by a Rent
Administrator concerning the housing accommodation known as Apartment 31,
227-229 West 109th Street, New York, New York.
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 petition for administrative review.
This proceeding was commenced by the subject tenant filing with the rent
agency a "Request for Maximum Base/Collectible Rent Determination," dated
June 27, 1984.
The Administrator issued an order on June 26, 1985, under Docket No.
LC000699RU, which listed the subject tenant's maximum base rent (MBR) for
the 1984-1985 period as $293.23 per month, and the maximum rent for the
1984-1985 period as $272.48 per month, both effective on May 1, 1984.
On July 17, 1985, the subject tenant filed a petition for administrative
review of the above-mentioned order alleging that the Administrator
incorrectly calculated the subject tenant's rent.
The Commissioner issued an order on July 28 1987, under Docket No.
ART03660L, which pointed out that the Administrator in calculating the
subject tenant's MBR and maximum rent for the 1984-1985 period increased
the tenant's 1973 MBR and maximum rent. The Commissioner stated that,
"the rent update for the subject accommodation is in error because the
1973 maximum base rent increase should not have been included as an order
was issued on August 19, 1975, under Docket No. 2C29645, specifically
finding that the landlord is not entitled to a 1973 increase." The
Commissioner remanded the proceeding to the Administrator for the purpose
of recalculating the tenant's rent.
In the order under review herein, the Administrator noted that the
landlord was not eligible for an MBR increase for 1973. The
Administrator's order also listed the subject tenant's maximum rent as
follows:
DOCKET NO.: CB410058RT
Effective Date Maximum Rent per month
January 1, 1972 $129.15
January 1, 1973 $129.15
January 1, 1974 $138.84
January 1, 1975 $149.26
February 4, 1976 $146.06
September 1, 1977 $153.06
January 1, 1978 $164.54
January 1, 1979 $176.89
January 1, 1980 $190.16
January 1, 1981 $204.43
January 1, 1982 $219.77
January 1, 1983 $236.26
May 1, 1984 $253.98
January 1, 1984 $273.03
October 16, 1986 $261.53
In her petition the subject tenant asserts that the Administrator
incorrectly calculated the tenant's maximum rent as the next effective
date, in the Administrator's order, of the increase in the tenant's
maximum rent after May 1, 1984 was January 1, 1984; that there was no
effective date listed for 1985, and that the "Landlord was denied rent
increases in 1973, 1976, 1977, 1986 and 1987."
To her petition the subject tenant attaches, among other things, a copy of
an Administrator's order issued on January 13, 1986, under Docket No.
L002665B, in which the Administrator reduced the subject tenant's maximum
rent by $3.00 per month, effective on February 1, 1986, due to a
diminution in building-wide services, and a copy of an administrator's
order issued on October 16, 1986, under Docket No. LCS000489B, in which
the Administrator reduced the subject tenant's maximum rent by $11.50 per
month, effective on November 1, 1986.
After careful consideration the Commissioner is of the opinion that the
tenant's petition should be granted in part.
The record reflects that the next increase in the subject tenant's maximum
rent after May 1, 1984 had an effective date of January 1, 1985.
Accordingly, the Commissioner finds that the Administrator's order should
be modified to reflect the fact that the maximum rent of $273.03 per month
had an effective date of January 1, 1985, not January 1, 1984.
The Commissioner finds that the subject tenant is correct in her assertion
that the landlord was denied MBR increases for the years, 1973, 1976,
1977, 1986 and 1987, and that the Commissioner points out that the
Administrator's order did not increase the subject tenant's maximum base
rent for those years.
The Commissioner notes that on February 4, 1976 the Administrator issued
two separate orders, under Docket Nos. 2T475018 and 2T478166, in which the
Administrator reduced the subject tenant's maximum rent by $0.70 per month
and $2.50 per month, respectively, due to an administrator's finding of a
reduction in services. Based on the above-mentioned orders, the
Commissioner finds that the Administrator properly reduced the subject
tenant's maximum rent by $3.20 per month, effective February 4, 1976.
DOCKET NO.: CB410058RT
The record reflects that the Administrator issued an order on September 1,
1977, under Docket No. 2AC391256, increasing the subject tenant's maximum
rent by $7.00 per month, due to the modernization of the heating system by
the subject landlord. The Commissioner finds that the $7.00 per month
increase in the subject tenant's maximum rent on September 1, 1977, as
reflected in the Administrator's order, was as a result of the
aforementioned Docket No. 2AC391256, and not as a result of an order
increasing the landlord's MBR.
As the aforementioned Docket No. L002665B reduced the subject tenant's
maximum rent by $3.00 per month effective on February 1, 1986, the
Commissioner finds that the Administrator's order should be modified to
reflect the fact that the subject tenant's maximum rent is to be reduced
by $3.00 per month effective on February 1, 1986. Accordingly, the
Commissioner finds that the subject tenant's maximum rent effective on
February 1, 1986 is $270.03 per month.
As reflected in the Administrator's order, the subject tenant's maximum
rent was reduced by $11.50 per month on October 16, 1986, based on the
aforementioned Docket No. LCS000489B. The Commissioner finds that, as the
effective date of the rent reduction in Docket No. LCS000489B was November
1, 1986, the Administrator's order should be modified to reflect the fact
that the subject tenant's maximum rent effective on November 1, 1986 is
$258.53 per month ($270.03 - $11.50).
The record also reflects that the Administrator issued an order on July
24, 1987 under Docket No. AB410075OR, which determined that the subject
landlord has restored services for which a rent reduction order was issued
on January 13, 1986 under Docket No. L002665B. The order issued under
Docket No. AB410075OR restored the $3.00 per month to the subject tenant's
maximum rent effective on August 1, 1987.
The Commissioner notes that the subject tenant's maximum rent that were
cited in the Administrator's order commencing from the effective date of
January 1, 1972 through the effective date of January 1, 1983 should not
be disturbed. Subsequent to the effective date of January 1, 1983 the
Administrator's order under review herein should be modified as follows:
Effective Date Maximum Rent
May 1, 1984 $253.98 per month
January 1, 1985 $273.03 per month
February 1, 1986 $270.03 per month
November 1, 1986 $258.53 per month
August 1, 1987 $261.53 per month
The Commissioner finds that as a result of this order, the subject
landlord should refund to the subject tenant all rents collected in excess
of the maximum rent within thirty days from the date this order becomes
final.
THEREFORE, in accordance with the City Rent and Rehabilitation Law and the
Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, granted in part,
and that the Administrator's order be, and the same hereby is, modified in
DOCKET NO.: CB410058RT
accordance with order and opinion, and it is
FURTHER ORDERED, that the maximum rent of the subject apartment, effective
August 1, 1987, is $261.53 per month.
Note: The tenant may bring an action against the landlord in any court of
competent jurisdiction, pursuant to Section 2206.8(a)(2) of the Rent and
Eviction Regulations, within one year after the landlord fails to pay any
refund which is owed to the tenant. The one-year time period is to be
calculated from when the order becomes final. If there is no Article 78
petition of this order, then the time period is one year after this order
becomes final.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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