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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 410189 RO
: DISTRICT RENT ADMINISTRATOR'S
ISTA Management Co., DOCKET NO. L 311795 R
TENANT: Alfred DeMaria
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 24 1988, the above-named petitioner-owner refiled a
Petition for Administrative Review of an order issued on
January 27, 1988, by the Rent Administrator, 10 Columbus Circle,
New York, concerning the housing accommodations known as 210 East
68th Street, New York, New York, Apartment No. 7G, wherein the Rent
Administrator determined that the owner had overcharged the tenant.
The issue herein is whether the Rent Administrator's order was
warranted.
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 commenced on February 27, 1987 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 32,465, the Rent Administrator determined that the
tenant had been overcharged in the amount of $7,243.54, and directed
the owner to refund such overcharge to the tenant.
In this petition, the owner requests modification of the
Administrator's order. The owner contends, in substance, that the
Administrator's calculations below did not include one of two
agency-authorized Major Capital Improvements (MCI) increases.
The Commissioner is of the opinion that this petition should be
denied.
The owner alleges that the Administrator failed to include an
agency-authorized MCI increase in the calculations. If a petition
for administrative review requests that the Commissioner examine an
alleged error in the Administrator's calculations, the Commissioner
will also correct any other errors discovered during the course of
this reexamination. In this case, application of the correct
CC 410189 RO
processing procedure would more than negate any benefit to the owner
based on the arguments raised by the owner in his petition. The
Commissioner notes that the Administrator erred in failing to remove
the temporary portion of the MCI increases in determining the lawful
stabilization rent. This error more than negated any benefit to the
owner that might accrue by virtue of inclusion of the corrections
alleged in the owner's petition for administrative review. As such,
and in the absence of a timely petition for administrative review by
the tenant, the Commissioner finds it appropriate to deny this
appeal.
Because this determination concerns lawful rents only through
January 31, 1988, 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 adjustment.
This order may, upon the expiration of the period in which the owner
may institute a proceeding pursuant to Article 78 of the Civil
Practice Law and Rules, be filed and enforced in the same manner as
a judgment or not in excess of twenty percent per month thereof may
be offset against any rent thereafter due the owner.
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, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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