ADM. REVIEW DOCKET NO.: DB 210092 RO
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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DB 210092 RO
: D.R.O. DOCKET NO.:
058770, Examining Unit
EAST 92ND ST. REALTY CO.
C/O MALEK MANAGEMENT Other Party: Milagros
Pagan, Tenant
PETITIONER :
------------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING THE ADMINISTRATOR'S ORDER
On February 14, 1989, the above named petitioner-owner filed
a Petition for Administrative Review against an order issued on
February 3, 1989, by the Rent Administrator at 10 Columbus Circle,
New York, New York, concerning housing accommodations known as
Apartment No. 2B at 455 East 92nd Street, Brooklyn, New York,
wherein the Administrator established the stabilized rent and
directed the owner to refund $44.79, including interest from April
1, 1984.
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 in October of 1985
by the filing of a complaint of rent overcharge by the tenant.
The owner submitted a rental history from the base date.
On the chart attached to and made a part of the order, the
Administrator established the stabilized rent.
In its Petition, the owner contends that the Administrator
erred on the rent calculation chart attached to the order by
failing to acknowledge that electricity is not provided by the
owner and, therefore, the owner was entitled to a 4% Guidelines
increase under the tenant's one year renewal lease which commenced
on June 23, 1983 instead of the 3% increase set forth in the
chart.
The tenant's answer to the Petition was not directly
responsive to the issues raised in the Petition.
The Commissioner is of the opinion that the Petition should
be granted and the Administrator's order should be modified.
ADM. REVIEW DOCKET NO.: DB 210092 RO
The Commissioner notes that the only overcharge found
hereinbelow was during the Guidelines 14 lease term of June 23,
1983 to June 22, 1984 (the rent thereunder was continued through
September 30, 1984).
The Commissioner finds that the leases submitted below show
that the tenant's rent did not include a charge for electricity
provided by the owner. The Commissioner notes that the correct
Guidelines increase, under Guidelines 14, for the lease in
question is 4%, not, as the chart below stated, 3%. Therefore,
the Commissioner finds that the order below should be modified to
direct the owner to refund the following overcharges:
Lease Actual Rent Stabilized Over-
Term Charged Effective Explanation Rent charge
6/23/83- $224.36 6/23/83 Guidelines #14: $223.60 $11.49
6/22/84 (rent con- 4% increase over ([$.76x
tinued Base Rent of 15
through $215.00 for a 1 mos]+
9/30/84) yr renewal lease interest
9/30/84) yr renewal lease from
4/1/84:
6 mos)
The Commissioner notes that the Administrator's order, as
modified by this order and opinion, may, upon the expiration of
the period in which the owner may institute a proceeding pursuant
to Article Seventy-eight of the Civil Practice Law and Rules, be
enforced by the tenant's offsetting not in excess of twenty
percent thereof per month against any rent thereafter due the
owner.
THEREFORE, pursuant to the Rent Stabilization Law and Code,
it is
ORDERED, that this Petition be, and the same hereby is
granted; and that the Administrator's order be, and the same
hereby is amended in accordance with this order and opinion.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
ADM. REVIEW DOCKET NO.: DB 210092 RO
|
