STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
JAMAICA, NEW YORK 11433
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
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
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
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
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
refund through May 31, 1988 is $4,805.78, including excess security of
JOSEPH A. D'AGOSTA