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.CF610274RO
: DRO DOCKET NO.
Bernet Associates B3100313R/T
TENANT: Walter Bonneau
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On June 7, 1988, the above-named petitioner-owner timely refiled a
Petition for Administrative Review against an order issued on March
24, 1988 by the Rent Administrator, 10 Columbus Circle, New York,
New York concerning the housing accommodation known as 2559
Sedgwick Avenue, Bronx, New York, Apartment 5E, wherein the
Administrator determined that the owner had overcharged the tenant.
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 in the Administrative Appeal.
This proceeding was commenced on March 27, 1984 when the tenant
filed a complaint of rent overcharge.
In answer to the complaint, the owner submitted a complete lease
history of the subject apartment.
In the order here under review the Administrator determined that
the owner had collected an overcharge and directed the owner to
refund to the tenant $699.71.
In its appeal, the owner contends that an overcharge was found
because the Administrator failed to include the lease for the
period June 1, 1985 through May 31, 1986.
Although afforded the opportunity to do so, the tenant did not
respond to the appeal.
The Commissioner is of the opinion that this petition should be
A review of the record confirms the owner's contention that the
lease for June 1, 1985 through May 31, 1986 was omitted from the
rent calculation chart and that a copy of said lease was submitted
in the proceeding before the Rent Administrator. Reinstating the
above-referenced lease to the rent calculation yields the following
Term Amount Charged Legal
6/1/85-5/31/86 $442.60 Guideline 16:Rent $417.54 $442.60
increased by 6% for a
one year renewal lease
6/1/86-5/31/87 $460.30 Guideline 17: $442.59 $460.30
plus 4% for a
one year renewal lease
Accordingly, the Commissioner finds no overcharge.
If the owner has already complied with the Rent Administrator's
order and there are arrears owed to the owner, such arrears may be
paid by the tenant in six monthly payments. If the tenant vacates,
the arrears shall be payable immediately.
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, revoked.
JOSEPH A. D'AGOSTA