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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.CK210114RO
: DRO DOCKET NO.43958
111 REALTY ASSOCIATES TENANT: MERLE & BANKS
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN
PART
On November 7, 1988, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
October 4, 1988, by the Rent Administrator, 10 Columbus Circle. New
York, New York, concerning the housing accommodations known as 111
East 21st Street, New York, New York, Apartment No. F1 wherein the
Rent Administrator determined that the owner had overcharged the
tenants.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2526.1 of the Rent Stabilization Code.
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 originally commenced by the filing of a
tenant's objection to rent by the tenants herein in September, 1984.
The tenants alleged, inter alia, that they were being overcharged.
In response to the tenants' objection, the owner submitted a rental
history and advised that the tenants had vacated the subject
apartment.
In Order Number 43958, the Rent Administrator determined that
the tenants had been overcharged in the amount of $1707.41 from
September 16, 1982 through September 30, 1984, including interest on
the overcharge occurring on and after April 1, 1984, and directed
the owner to refund such overcharge to the tenants.
In this petition, the owner alleges in substance that no
overcharge occurred in that the Rent Administrator failed to credit
it with two vacancy allowances pursuant to Guidelines 13 to which it
was entitled.
The Commissioner is of the opinion that this petition should be
granted in part.
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An examination of the record discloses that the owner is
correct in its contention that the Rent Administrator failed to
credit it with the two vacancy allowances of 15% each pursuant to
Guidelines 13 to which it was entitled. It is noted that the two
vacancies occurred on October 1, 1981 and September 16, 1982
respectively - more than three months apart - so that the owner was
in fact entitled to the two vacancy allowances. Taking this factor
into account, the Commissioner has recalculated the lawful
stabilization rents and the amount of the rent overcharge including
interest on the overcharge occurring on and after April 1, 1984 but
not excess security since the tenants have vacated. The
recalculation is as follows: Lawful stabilization rent as of
September 16, 1982 including the two vacancy allowances - $490.00;
lawful stabilization rent as of October 1, 1983 - $509.60; total
overcharge through September 30, 1982 - $318.13.
The owner is directed to reflect the findings and
determinations made in this order on all future registration
statements, including those for the current year if not already
filed, citing this order as the basis for the change. Registration
statements already on file, however, should not be amended to
reflect the findings and determinations made in this order. The
owner is further directed to adjust subsequent rents to an amount no
greater than that determined by this order plus any lawful
increases. A copy of this order is being sent to the current
occupant of the subject apartment.
The Commissioner has determined in this Order and Opinion that
the owner collected overcharges of $318.13. This Order may, upon
expiration of the period for seeking review of this Order and
Opinion pursuant to Article Seventy-eight of the Civil Practice Law
and Rules, be filed and enforced as a judgment. Where the tenant
files this Order as a judgment, the County Clerk may add to the
overcharge, interest at the rate payable on a judgment pursuant to
Section 5004 of the Civil Practice Law and Rules from the issuance
date of the Rent Administrator's Order to the issuance date of the
Commissioner's Order.
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, granted in part, and, that the order of the Rent
Administrator be, and the same hereby is, modified in accordance
with this order and opinion. The lawful stabilization rent as of
September 30, 1984 is $509.60.
ISSUED
JOSEPH A. D'AGOSTA
Deputy Commissioner
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