CC 210432 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. CC-210432-RO
: DISTRICT RENT OFFICE
Anastasios Vasilakos, DOCKET NO. 41749
TENANT: Jennifer Mokarry
PETITIONER :
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ORDER AND OPINION REMANDING PROCEEDING TO THE
DISTRICT RENT ADMINISTRATOR
On March 15, 1988, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
February 9, 1988, by the District Rent Administrator concerning
the housing accommodations known as 2012 68th Street, Brooklyn,
New York, Apartment No.C9, wherein the District Rent
Administrator determined the fair market rent guideline
promulgated by the New York City Rent Guidelines Board for use in
calculating fair market rent appeals.
Subsequent thereto, the petitioner-landlord filed a petition in
the Supreme Court pursuant to Article 78 of the Civil Practice
Law and Rules, in the nature of mandamus, for a judgment
directing the Division to render a determination of the
petitioner's administrative appeal.
By so ordered stipulation, it was agreed that the DHCR would
render a determination of the owner's petition by August 13,
1992.
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
tenant's objection form by the tenant including a fair market
rent appeal.
The tenant took occupancy pursuant to a one year lease commencing
September 11, 1984 and expiring September 10, 1985 at a monthly
rent of $390.00.
In the order under appeal herein , the District Rent
Administrator adjusted the initial legal regulated rent by
establishing a fair market rent of $251.16 effective September
11, 1984, the commencement date of the initial rent stabilized
lease. The Administrator directed the owner to refund excess
rent in the amount of $5,450.08 to the tenant.
CC 210432 RO
In this petition, the owner objects to the Administrator's
failure to use comparability in determining the tenant's fair
market rent. The owner submits with its petition copies of
apartment registration forms for other apartments in nearby
buildings.
In answer to the petition, the tenant asserts, among other
things, that the Administrator's decision was fair.
The Commissioner is of the opinion that this petition should be
remanded to the Administrator.
Pursuant to Sections 2522.3(e) and (f) the Rent Stabilization
Code effective May 1, 1987, for fair market rent appeals filed
after April 1, 1984, comparability will be determined based on
the following:
(e) (1) Legal regulated rents, for which the time to file
a Fair Market Rent Appeal has expired and no Fair
Market Rent Appeal is then pending, or the Fair Market
Rent Appeal has been finally determined, charged
pursuant to a lease commencing within a four year
period prior to, or a one year period subsequent to,
the commencement date of the initial lease for the
housing accommodation involved; and
(2) At the owner's option, market rents in effect for
other comparable housing accommodations on the date of
the initial lease for the housing accommodation
involved as submitted by the owner.
(f) Where the rents of the comparable housing
accommodations being considered are legal regulated
rents, for which the time to file a Fair Market Rent
Appeal has expired, and such rents are charged pursuant
to a lease ending more than 1 year prior to the
commencement date of the initial lease for the subject
housing accommodation, such rents shall be updated by
guidelines increases for one-year renewal leases,
commencing with the expiration of the initial lease for
the comparable housing accommodation to a date within
12 months prior to the renting of the housing
accommodation involved.
The record in this case indicates that the owner was not afforded
an opportunity to submit comparability data pursuant to the
requirements of the current Rent Stabilization Code. Therefore,
the Commissioner finds that the proceeding should be remanded to
the Administrator for further processing in order to afford the
owner an opportunity to submit comparability data pursuant to the
requirements of the current Code.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, remanded
to the District Administrator for further processing in
accordance with this Order and Opinion. The automatic stay of so
CC 210432 RO
much of the District Rent Administrator's order as directed a
refund is hereby continued until a new order is issued upon
remand. However, the Administrator's determination as to the
rent is not stayed and shall remain in effect, except for any
adjustments pursuant to lease renewals, until the Administrator
issues a new Order upon remand.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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