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.: CF110226RO
Nathan Katz Realty, DRO DOCKET NO.: 044819
TENANT: Karen Ginsberg
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On June 29, 1988, the above-named petitioner-owner filed a Petition for
Administrative Review against an order issued on May 25, 1988, by the
Rent Administrator, 10 Columbus Circle, New York, New York, concerning
the housing accommodations known as 34-15 Parsons Boulevard, Flushing,
New York, Apartment No. 4J, wherein the Administrator determined, among
other things, that an overcharge in the garage rent had occurred.
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 commenced when the tenant filed an objection to the
apartment registration, alleging, among other things that the garage
rent was an overcharge.
In the order issued on May 25, 1988, the Administrator directed the
owner to refund a $63.12 garage overcharge to the tenant.
In the appeal, the owner contends that the order should be modified
because there are two arithmetic errors in the order: 1) the
Administrator used an incorrect figure as the rent charged for 7/1/81 -
12/28/83 - $49.86 instead of $47.31; 2) for 3/1/83 - 2/28/85, the
Administrator incorrectly found an overcharge by subtracting the actual
rent charged from the lawful stabilized rent. Correction of these
errors would result in a finding of no rent overcharge.
Although afforded the opportunity to do so, the tenant did not respond
to the petition.
The Commissioner is of the opinion that this petition should be granted.
Review of the record reveals that the rent calculation chart does
contain the calculation errors cited by the owner. For the period March
1, 1981 to February 28, 1993, the actual rent charged, $47.31, was less
than the legal stabilization rent. For the period March 1 ,1983 to
February 28, 1985, the actual rent charged $50.62 was less than the
maximum permitted rent.
Accordingly, the Commissioner amends the rent calculation chart to
reflect the correct actual rent charged and to show that there was no
THEREFORE, in accordance with the provisions of the Rent Stabilization
Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted and the
Rent Administrator's order be, and the same hereby is, modified in
accordance with this order and opinion.
JOSEPH A. D'AGOSTA