DOC. NO.: CE 210155-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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. CE 210155-RO
MORTON SORKIN d/b/a DISTRICT RENT
KINSOR MANAGEMENT, : ADMINISTRATOR'S
PETITIONER : DOCKET NO. 042750
------------------------------------X TENANTS: JAMES and ANN
MARIE HEMRICK
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART
On May 31, 1988, the above-named owner filed a petition for
administrative review of an order issued on April 26, 1988 by a
District Rent Administrator concerning the housing accommodation
known as Apartment 3-J located at 420 Ovington Avenue, Brooklyn, New
York, wherein the District Rent Administrator determined that the
tenant had been overcharged.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
The proceeding was commenced by the filing of a rent overcharge
complaint by the tenants on September 1, 1984.
The tenants took occupancy pursuant to a one-year lease commencing on
April 1, 1983 and expiring March 31, 1984 at a monthly rent of
$375.00.
In its answer the owner submitted leases from 1979 through 1988.
In the order under review herein, the Administrator found that the
tenants had been overcharged, and determined that the initial legal
rent for the subject tenants was $354.98 for the lease from April 1,
1983 to March 31, 1984. The total overcharges was determined to be
$2,051.36 including excess security and accrued interest from April
1, 1984.
In the petition for review, the owner asserts that the Administrator
failed to take into account a Major Capital Improvement (M.C.I.) rent
increase issued on October 31, 1985, and a rent increase to reflect
the installation of a vanity allegedly costing $95.80.
After careful consideration, the Commissioner is of the opinion that
this petition should be granted in part.
DOC. NO.: CE 210155-RO
The Division of Housing and Community Renewal (D.H.C.R.), approved an
M.C.I. rent increase for the subject premises on October 31, 1985
(Docket No. OM-5709, Order No. CDR 5825, affirmed by the Commissioner
under Docket No. ART 06745-K). The order provided for a 4.41%
increase effective November 1, 1984. The Commissioner finds that the
M.C.I. rent increase should be calculated in determining the lawful
stabilized rent of the subject apartment.
As the owner did not raise the issue of the installation of the
vanity which it raises for the first time upon administrative review,
it is outside the scope of the Commissioner's review and will not be
considered in this proceeding. Accordingly, the Commissioner finds
that the cost of the vanity shall not be added to the lawful
stabilized rent of the subject premises.
The pertinent calculations are set forth on the attached Rent
Calculation Chart, which is fully a part of this order and opinion.
The owner is cautioned that rents for periods subsequent to March 31,
1988 should be based upon the amount of $421.23 for the lease period
of April 1, 1986 through March 31, 1988 as indicated on the chart,
and that any demand for and collection of an amount in excess of the
lawful amount may give rise to a new overcharge complaint, in which
treble damages may be awarded if warranted. A copy of this order and
opinion is being mailed to the current tenant of Apt. 3J.
THEREFORE, in accordance with the Rent Stabilization Law and Code, 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, as described hereinabove and as appears on the annexed Rent
Calculation Chart, which is hereby made fully a part of this order
and opinion; and it is
FURTHER ORDERED, that the owner shall refund to the tenant the
amount of $1,319.18, representing overcharges, interest, and excess
security, and if the owner has refunded no such amounts upon the
expiration of the period for seeking judicial review of this order
pursuant to Article 78 of the Civil Practice Law and Rules, the
tenants may file and enforce a certified copy of this order as a
judgment for the amount of $1,319.18; and it is
FURTHER ORDERED, that if the owner has complied with the
Administrator's order regarding the rent for the period commencing
May 1, 1988, and as a result of the instant determination, there are
arrears due to the owner from the tenants, then the tenants, who have
vacated, shall pay said arrears immediately.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: CE 210155-RO
DRO Docket No/Order No.: 042750
Tenant(s): James and Ann Marie Hemrick
Owner: Morton Sorkin d/b/a Kinsor Management
Code Section:
Premises: 420 Ovington Avenue, Apt. 3-J,
Brooklyn, N.Y.
Order and Opinion Granting Petition for Administrative Review In Part
Administrator determined that the tenants were being
overcharged. Owner's petition asserts that an M.C.I. rent
increase and an installation of a vanity should have been
included in the Rent Calculations. Commissioner modifies the
Administrator's order to take into account the M.C.I. but denied
the installation of the vanity because of insufficient evidence.
APPROVED:
Processing Attorney:
Supervising Attorney:
Deputy Counsel:
Deputy Commissioner:
Mailed copies of Order and Determination to:
Tenant(s)
Owner
Tenant's Atty
Owner's Atty
Date: : by
signature
|
