ADM. REVIEW DOCKET NO. CE620226RO
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. CE620226RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO. BG620455R
GJERGJ GJONI,
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 3, 1988, the above-named landlord filed a petition for
administrative review of an order issued on April 21, 1988 by the
Rent Administrator concerning the housing accommodation known as
Apartment 4H, 2144 Bronx Park East, Bronx, New York.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised in the petition for administrative
review.
The subject tenant filed an overcharge complaint with the rent
agency, dated June 26, 1987.
On October 7, 1987, the subject landlord submitted to the
Administrator a copy of a "Certified Report of Restructured Rent
and Order Increasing Maximum Collectible Rent" issued on March 25,
1987 under Docket NO. AG620001RR. The above-mentioned order
established that the restructured rent (new maximum rent) for the
subject apartment should be $236.36 per month effective June 1,
1986 pursuant to former Section 33.9 of the Rent and Eviction
Regulations (now Section 2202.12 of the City Rent and Eviction
Regulations).
In the Administrator's order under review herein, it was noted
that the subject apartment's maximum rent effective June 1, 1986
should be $236.36 per month pursuant to Docket No. AG620001RR, and
that the subject apartment's maximum rent effective January 1, 1987
should be $254.09 per month. In addition, the Administrator's
order under review herein stated that:
ADM. REVIEW DOCKET NO. CE620226RO
Any appropriate retroactive increase
in rent pursuant to this order may
be paid in installments equal to the
number of months between the effective
date of this order and the tenant's
next rent payment date. The tenant
may elect to pay the entire
retroactive amount in a lump sum.
In the landlord's petition he asserts, among other things,
that the subject apartment's maximum rent should be $260.74 per
month and not $254.09 per month; that the aforementioned
restructured rent order increased the rent by $19.93 per room, and
that the subject apartment has four rooms; that based on the
restructured rent order the rent should have been increased by
$79.72 per month ($19.93 X 4), and that adding $79.72 to the rent
equals $260.74.
After careful consideration, the Commissioner finds that the
landlord's petition should be denied.
The Commissioner notes that the Administrator issued an order
restructuring the subject apartment's rent issued on March 25, 1987
under Docket No. AG620001RR which established the subject
apartment's maximum rent at $236.36 per month, and it increased the
subject apartment's maximum base rent (M.B.R.) by $19.93 per room,
per month. The above-mentioned order was effective on June 1,
1986.
The Commissioner finds that in the order under review herein
the Administrator properly noted that the subject apartment's
maximum rent should be $236.36 per month effective June 1, 1986,
pursuant to the aforementioned restructured rent order.
On June 29, 1988, the Administrator issued an order under
Docket No. 7M00473BX (7MI00473BX) which granted the landlord M.B.R.
increases for the 1986-1987 period effective January 1,1986.
As the aforementioned restructured rent order established that
the maximum rent effective June 1,1986 should be $236.36 per month,
the Commissioner finds that the maximum rent effective January
1,1987 should be calculated by increasing $236.36 by 7.5%, pursuant
to the above-mentioned 1986-1987 M.B.R. order of eligibility.
The Commissioner finds that in the order under review herein
the Administrator properly noted that the subject apartment's
maximum rent should be $254.09 per month effective January 1,1987
($236.36 X 7.5%).
The Commissioner points out that the aforementioned
restructured rent order increased the M.B.R., and not the maximum
ADM. REVIEW DOCKET NO. CE620226RO
rent, by $19.93 per room, per month. The M.B.R. is the economic
rent of an apartment, and the maximum rent is the rent the landlord
is legally entitled to collect from the rent controlled tenant.
Accordingly, the Commissioner finds that the landlord's
assertion that he is entitled to collect a rent increase of $19.93
per room, per month is not correct.
The Commissioner points out that the Administrator's order
under review herein does not include fuel cost adjustments the
subject landlord may be entitled to collect, and that the
Administrator's order under review herein does not include M.B.R.
orders of eligibility or orders adjusting the maximum rent issued
after January 1, 1987.
THEREFORE, in accordance with the City Rent and Rehabilitation
Law and the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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