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. CK610162RO
: DRO DOCKET NO.B3100551RT
HAMPTON MANAGEMENT CO. TENANT: DAVID LOBENBERG
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On November 9, 1988, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
October 24, 1988, by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 3671 Hudson Manor Terrace, Bronx, New York, Apartment No.
2A, wherein the Rent Administrator determined that the owner had
overcharged the tenant.
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
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 in March, 1984 by the
filing of a rent overcharge complaint by the tenant who stated that
he first moved to the subject apartment on January 1, 1983 at a
rental of $592.34 per month.
The owner was served with a copy of the tenant's complaint and
submitted a complete rental history for the subject apartment.
In Order Number CDR 34,151, the Rent Administrator determined
that the tenant had been overcharged in the amount of $206.45 and
directed the owner to refund such overcharge to the tenant.
In this petition, the owner contends in substance that no rent
overcharge occurred in that the Rent Administrator incorrectly
listed the April 1, 1982 rent of the prior tenant as $501.00 rather
than the correct amount of $569.56 and that when this is corrected,
it is apparent that no rent overcharge occurred.
The Commissioner is of the opinion that this petition should be
An examination of the records in this case discloses that the
owner is correct in its contention that the April 1, 1982 rent
should have been listed as $569.56 rather than as $501.00. When
this is corrected, it is apparent that no rent overcharge occurred
as the tenant herein moved to the subject apartment on January 1,
1983 at a rental of $592.34 - 4% over $569.56 for a one year vacancy
lease pursuant to Guideline 14 then in effect. No other overcharge
occurred after said vacancy lease. Accordingly the Rent
Administrator's order finding a rent overcharge must be revoked.
If the owner has already complied with the Rent Administrator's
order and there are arrears due to the owner as a result of the
instant determination, the tenant is permitted to pay off the
arrears in 6 equal monthly installments. Should the tenant vacate
after the issuance of this order or have already vacated, said
arrears shall be payable immediately.
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, that the order of the Rent
Administrator be, and the same hereby is, revoked and it is found
that no rent overcharge occurred.
JOSEPH A. D'AGOSTA