CF 110151 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. CF 110151 RO
: DISTRICT RENT OFFICE
Dino Ralis/Polyvotis Mgt., DOCKET NO. AK 110556 R
TENANT: Louise Dumicich
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 6, 1988, the above-named owner filed a Petition for
Administrative Review against an order issued on May 19, 1988, by a Rent
Administrator, concerning the housing accommodations known as 22-75 35th
Street, Astoria, New York, Apartment No. C6, wherein the Administrator
determined that the tenant had been overcharged.
This proceeding originated with the tenant's rental-overcharge complaint
of November, 1986. In the ensuing order mentioned above, the
Administrator found in pertinent part: that the rent charged under the
lease effective February 1, 1986 was $255.63; that the rent charged
under the succeeding lease was $258.37; and that the lawful rent under
the latter lease was $250.30.
In attacking that order the petitioner avers to "an error in the
mathematical calculation" in the chart appended to the Administrator's
order, to wit: the "lawful stabilization rent" column of the chart for
the aforementioned 1986 lease should have contained the figure $232.93
instead of $225.63; without that asserted error, the monthly overcharge
in the next lease would be largely eliminated.
After carefully considering the pertinent portion of the record, the
Commissioner is of the opinion that this petition should be denied.
Petitioner does not dispute the Administrator's figures as to rent
actually charged; he says rather that the lawful rent for the
penultimate (1986) lease was understated by the Administrator (leading
to the aforementioned understatement of the last lawful rent and the
consequent finding of overcharge). The problem with his position is
that pursuant to judicial decision, the lawful stabilized rental cannot
be more than the actual rent for the same period. Thus the
Administrator was correct in limiting the 1986 lawful rent to $225.63,
and consequently correct in calculating the subsequent overcharge. No
error has been shown.
Because this determination concerns lawful rents only through
January 31, 1990, the owner is cautioned to adjust subsequent rents to
CF 110151 RO
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. The lawful rent as of January 31, 1990, was $250.30.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied, and,
that the Rent Administrator's order finding a total overcharge of $40.72
be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner