CF110225RO
                             STATE OF NEW YORK
                      DIVISION OF HOUSING AND COMMUNITY RENEWAL
                            OFFICE OF RENT ADMINISTRATION
                               JAMAICA, NEW YORK 11433

     -----------------------------------X
     IN THE MATTER OF THE ADMINISTRATIVE:   ADMINISTRATIVE REVIEW
     APPEAL OF                              DOCKET NO. CF110225RO

           Usein Suljovic,              :   DISTRICT RENT OFFICE
                                            DOCKET NO. Q3118941R (CDR 33499)

                                            TENANT: Arthur Coen

                           PETITIONER   :
     -----------------------------------X

            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

     On June 29, 1988 the above named petitioner-owner filed a Petition for 
     Administrative Review against an order issued on June 13, 1988 by the Rent 
     Administrator, 10 Columbus Circle, New York, New York concerning the housing 
     accommodations known as Apartment 3D at 47-10 Laurel Hill Boulevard, 
     Woodside, New York wherein the Rent Administrator determined that the owner 
     had collected excess rent from the tenant.

     The issue in this appeal 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 issues raised 
     by the administrative appeal.

     This proceeding was originally commenced by the filing on March, 1984 of a 
     rent overcharge complaint by the tenant, in which he stated that he had 
     commenced occupancy on April 1, 1981  at a rent of $295.00 per month.

     In answer, the owner contended that the complainant was the first stabilized 
     tenant, and that he could have been charged up to $299.68.  It is apparent 
     that the owner arrived at that figure by starting with the 1980 Maximum Base 
     Rent and applying the vacancy allowance and Guidelines increase, applicable 
     only to already-stabilized apartments, as well as applying the Special 
     Guideline, applicable to newly-decontrolled apartments.

     In an order issued on June 13, 1988 the Administrator found that the owner 
     had collected excess rent of $4,741.75, and excess security of $64.03, from 
     the tenant through May 31, 1988.

     In the petition, the owner contends in essence that:



          THIS SAID APARTMENT WAS RENTED THE FIRST TIME AFTER DECONTROL (COPY 
          ENCLOSED)  ON THE FREE MARKET WITHOUT ANY RESTRICTIONS OR RENT 












          CF110225RO


          STABILIZATION RULES AND NOTICE REQUIREMENTS.  (SEE COPY OF DHCR    
          GUIDELINES ENCLOSED) LEASES FOR APT. 1J at the said address-THE    
          SAID APT 1J consists of ONLY THREE ROOMS.  THE APT. 3D HAS FOUR 
          ROOMS.                                    

     With his petition the owner has enclosed a copy of a page from the fair 
     market rent appeal answering package, with a line drawn around language 
     referring to the period of vacancy stabilization.  The owner has also 
     enclosed leases for Apartment 1J from 1980.

     In answer, the tenant asserts in substance that the leases submitted by the 
     owner are from a different line.

     The Commissioner is of the opinion that this petition should be denied.

     The free market rent referred to by the owner was a period from July 1, 1971 
     to June 30, 1974 when rent controlled or rent stabilized apartments became 
     free from rent regulation upon a vacancy.  In the present case there was no 
     vacancy during that period, since the rent controlled tenant remained 
     continuously in occupancy until shortly before the complainant commenced 
     occupancy on April 1, 1981, so no deregulation applies.  The leases for 
     Apartment 1J are not accepted for comparability purposes, since they are 
     submitted for the first time on appeal, since they do not meet all the 
     comparability criteria, and since they are for a different size apartment.  
     Since the owner has given no valid justification for changing the 
     Administrator's order, it is therefore affirmed.

     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.

     If the owner does not take appropriate action to comply with this order 
     within sixty days from the date of issuance of this order, the tenant may 
     credit the excess rent against the next month(s) rent until fully offset.

     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, denied and that the order of the Rent Administrator be, and the same 
     hereby is, affirmed.  The lawful stabilization rent is $342.30 per month in 
     the lease from April 1, 1987 to March 31, 1989.  The amount of the rent 






          CF110225RO


     refund through May 31, 1988 is $4,805.78, including excess security of 
     $64.03.


     ISSUED:



                                                                             
                                        JOSEPH A. D'AGOSTA
                                   Deputy Commissioner






    

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