ADM. REVIEW DOCKET NO. CK420043RO
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. CK420043RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO. BL420444R
RONI DETOLEDO,
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 16, 1988, the above-named landlord filed a
petition for administrative review of an order issued on October
12,1988 by a Rent Administrator concerning the housing
accommodation known as Apartment 7B, 685 West End Avenue, New York,
New York.
The Commissioner has reviewed all of the evidence in the
record relevant to the issues raised by the administrative appeal.
On December 9, 1987, the subject tenant filed an overcharge
complaint with the rent agency. In his complaint, the subject
tenant alleged, among other things, that the subject landlord has
failed to refund the "fuel oil passalong" for 1987.
The subject tenant commenced occupancy in August, 1958.
In the order under review herein, the Administrator noted that
the subject apartment's maximum rent should be $699.25 per month
effective January 1, 1985; $751.69 per month effective January
1,1986, and $778.75 per month effective January 1, 1987. In
addition, the Administrator noted the cumulative fuel cost
adjustments effective from January 1, 1980 through January 1, 1985.
In the landlord's petition he asserts, among other things,
that the refund for the 1987 fuel cost adjustment was the sole
basis of the tenant's complaint; that the subject tenant was given
a refund for the aforementioned fuel cost adjustment; that the
Administrator's order should recognize the "owner's refund of the
1987 fuel cost adjustments to the tenant"; that the maximum rents
that are noted in the Administrator's order "contradict" with the
ADM. REVIEW DOCKET NO. CK420043RO
maximum rents that are "indicated on the owner's Master Building
Rent Schedules for 1985, 1986 and 1987, and that the subject
apartment's maximum rent should be calculated based on a 1984
maximum rent of $715.35 per month.
After careful consideration, the Commissioner finds that the
landlord's petition should be denied.
The record reflects that the subject apartment's maximum rent
effective January 1, 1972 was $293.81 per month.
Based upon subsequent maximum base rent (M.B.R.) orders of
eligibility granted by the rent agency, the record reflects that
the subject apartment's maximum rent effective January 1,1981
should be $563.33 per month, and that the 1980-1981 M.B.R. should
be $579.37 per month.
The record reflects that the rent agency issued an order on
July 19, 1984 under Docket No. CPTA20923 which increased the
subject apartment's maximum rent by $7.92 per month effective May
26, 1982. Accordingly, the Commissioner finds that the subject
apartment's maximum rent effective May 26, 1982 should be $571.25
per month.
The record reflects that the rent agency issued an order on
June 4, 1982 under Docket No. 5M6686 which granted the landlord
M.B.R. increases for the 1982-1983 period effective June 1, 1982.
Based on the applicable M.B.R. factor promulgated by the rent
agency and rent adjustments, the record reflects that the 1982-1983
M.B.R. should be $651.02 per month.
Pursuant to the directives of the above-mentioned order, the
Commissioner finds that the subject apartment's maximum rent
effective June 1, 1982 should be $614.09 per month ($571.25 X
7.5%).
The Commissioner points out that by increasing the maximum
rent effective on June 1, 1982 by 7.5% results in an amount which
would improperly exceed the 1982-1983 M.B.R. Accordingly, the
Commissioner finds that the subject apartment's maximum rent
effective January 1, 1983 should be $651.02 per month.
The record reflects that the rent agency issued an order on
June 8, 1984 under Docket No. 6M6433 which granted the landlord
M.B.R. increases for the 1984-1985 period effective July 1,1984.
Based on the applicable M.B.R. factor promulgated by the rent
agency and rent adjustments, the record reflects that the subject
ADM. REVIEW DOCKET NO. CK420043RO
apartment's 1984-1985 M.B.R. should be $699.25 per month.
The Commissioner points out that by increasing the maximum
rent effective January 1, 1983 by 7.5% results in an amount which
would improperly exceed the 1984-1985 M.B.R. Accordingly, the
Commissioner finds that the subject apartment's maximum rent
effective July 1,1984 should be $699.25 per month. In addition,
the Commissioner finds that the subject apartment's maximum rent
effective January 1, 1985 should remain at $699.25 per month.
The record reflects that the rent agency issued an order on
September 22, 1986 under Docket No. 7MI08452M which granted the
landlord M.B.R. increases for the 1986-1987 period effective
January 1, 1986.
Based on the M.B.R. factor promulgated by the rent agency and
rent adjustments, the record reflects that the subject apartment's
1986-1987 M.B.R. should be $778.75 per month.
The Commissioner finds that the subject apartment's maximum
rent effective January 1, 1986 should be $751.69 per month ($699.25
X 7.5%).
The Commissioner points out that by increasing the maximum
rent effective January 1, 1986 by 7.5% results in an amount which
would improperly exceed the 1986-1987 M.B.R. Accordingly, the
Commissioner finds that the subject apartment's maximum rent
effective January 1,1987 should be $778.75 per month.
Based on the above-mentioned, the Commissioner finds that the
Administrator properly noted the subject apartment's maximum rents
in the order under review herein.
The Commissioner notes that the order under review herein does
not include rent adjustments and M.B.R. orders of eligibility
issued after January 1, 1987.
As the subject tenant filed an overcharge complaint, the
Commissioner finds that the Administrator did not abuse its
discretion by noting the subject apartment's maximum rents in the
order under review herein.
The Commissioner finds that it was not necessary for the
Administrator to have determined whether the landlord refunded the
amount owed to the tenant arising out of the 1987 fuel cost
adjustment.
If, as the landlord asserts, the amount arising out of the
1987 fuel cost adjustment were refunded to the subject tenant, the
Commissioner finds that that amount would no longer be owed to the
subject tenant.
ADM. REVIEW DOCKET NO. CK420043RO
Accordingly, the Commissioner finds that the subject
landlord's petition should be denied.
The Commissioner finds that the subject landlord should refund
to the subject tenant all rents collected in excess of the maximum
rent within thirty days from the date this order becomes final.
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:
LULA M. ANDERSON
Deputy Commissioner
Note: The tenant may bring an action against the landlord in any
court of competent jurisdiction, pursuant to Section 2206.8(a)(2)
of the Rent and Eviction Regulations, within one year after the
landlord fails to pay any refund which is owed to the tenant. The
one year time period is to be calculated from when the order
becomes final. If there is no Article 78 petition of this order,
then the time period is one year after this order becomes final.
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