CK 410015 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.: CK 410015-RO
SIGFELD REALTY, DRO DOCKET NO.: L-3115216-RT;
TENANTS: JANINE & NILS NICHOLS
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On November 11, 1988 the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
October 18, 1988 by the District Rent Administrator, 10 Columbus
Circle, New York, New York concerning housing accommodations
known as Apartment 3J at 200 East 16th Street, New York, New York
wherein the District Rent Administrator determined that the owner
had overcharged the tenants.
The Commissioner notes that this proceeding was initiated prior
to April 1, 1984. Sections 2526.1(a)(4) and 2521.1(d) of the
Rent Stabilization Code (effective May 1, 1987) governing rent
overcharge and fair market rent proceedings provide that
determination of these matters be based upon the law or code
provisions in effect on March 31, 1984. Therefore, unless
otherwise indicated, reference to Sections of the Rent
Stabilization Code (Code) contained herein are to the Code in
effect on April 30, 1987.
The issue in this appeal is whether the District Rent
Administrator's order was warranted.
The application sections of the Law are Section 26-516 of the
Rent Stabilization Law and Section 2526.1(a) of the current Rent
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 in March,
1984 of a rent overcharge complaint by the tenants, in which they
stated that they had commenced occupancy on November 1, 1979 at a
rent of $525.00 per month for the first year and $555.00 per
month for the second year.
CK 410015 RO
The owner was served with a copy of the complaint and was
requested to submit rent records to prove the lawfulness of the
rent being charged. In answer to the complaint, the owner on
November 12, 1986 submitted leases from July 1, 1976, and
contended that the apartment was subject to rent control prior to
On May 5, 1988 the owner was requested to submit Form R-42 Report
of Decontrol. On May 16, 1988 the Division of Housing and
Community Renewal (DHCR) received the form, which was dated July
20, 1976 and which stated that the rent-controlled tenant had
vacated on May 31, 1976.
In an order issued on October 18, 1988 the Administrator stated
that the owner had failed to provide a full rental history.
After calculating a default rent, the Administrator determined an
overcharge of $3,426.39 as of August 31, 1984.
In this petition, the owner contends in substance that it did
submit a full rental history, and that all rents charged have
represented lawful increases over the initial lawful
The Commissioner is of the opinion that this petition should be
The owner is correct that it submitted a complete rental history
from the base date in the proceeding before the Administrator.
Taking the rental history submitted by the owner into account,
the Commissioner has recalculated the lawful stabilization rents
for the subject apartment and has determined that no rent
overcharge occurred. The lawful stabilization rents are set
forth on the amended rent calculation chart attached hereto and
made a part hereof.
The Commissioner notes that the tenants vacated in 1984, and that
the owner has registered the subject apartment as exempt from
rent regulation as of January 4, 1989 because of cooperative or
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, granted
and that the District Rent Administrator's order be, and the same
hereby is, revoked since there was no rent overcharge. The
lawful stabilization rents are established on the attached
chart, which is fully made a part of this order.
JOSEPH A. D'AGOSTA