DH110248RO
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. DH110248RO
: DISTRICT RENT OFFICE
Helen Hartofelis, DOCKET NO. ZQ3122023RT
TENANT: Akihiro Sakod
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 4, 1989, the above named owner filed a Petition for Administrative
Review against an order issued on July 31, 1989 by the Rent Administrator
concerning the housing accommodations known as 33-12 29th Street, Astoria,
New York, Apartment No. 8 wherein the Rent Administrator determined the Fair
Market Rent pursuant to the Special Fair Market Rent Guideline promulgated by
the New York City Rent Guidelines Board for use in calculating Fair Market
Rent Appeals.
The Administrative Appeal is being determined pursuant to the provisions of
Section 2522.3 of the Rent Stabilization Code.
The issues herein are whether the Rent Administrator properly calculated the
Fair Market Rent for the subject apartment and whether the tenant's action
was withdrawn before the Rent Administrator.
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 30, 1984 by
the tenant of a Tenant's Fair Market Rent Adjustment Application wherein the
tenant stated that he commenced occupancy of the subject apartment on July
1, 1982 at a monthly rent of $400.00. The owner was served with a copy of
the tenant's application and afforded the opportunity to submit comparability
data.
In a response to the tenant's application the owner stated that, among other
things, the rent for the subject apartment was the "fair market value rent."
No comparability data was submitted with the owner's response.
In Order Number ZQ3122023RT, the Rent Administrator determined that the
tenant was entitled to a Fair Market Rent Appeal. The Rent Administrator
further determined that, since no comparability data had been submitted to
the D.H.C.R., the calculation of the Fair Market Rent was based solely on the
applicable Special Guidelines Order Number 13. Based on such calculation,
the Rent Administrator found that the owner charged the tenant excess rent
and excess security totaling $4,651.50.
In this appeal, the petitioner requests reversal of the Rent Administrator's
order and contends that, among other things, the rent charged the tenant was
comparable to the rents charged for a 2 bedroom apartment in the vicinity of
DH110248RO
33-12 29th Street, Astoria. The owner further contends that the tenant
withdrew his complaint in the proceeding before the Rent Administrator. The
owner stated that the tenant moved to Japan.
After a careful consideration of the entire evidence in the record, the
Commissioner is of the opinion that this petition must be denied.
The Commissioner notes that, in accordance with the Rent Stabilization Law
and Code, the Fair Market Rent is determined by the application of a Special
Guidelines Order in effect when the tenant commenced occupancy and, upon the
owner's voluntary submission of comparability data.
The Commissioner finds that, since, in the instant case, the owner did not
submit comparability data, the Fair Market Rent of $213.94 established for
the subject apartment was correctly based solely on the applicable Special
Guidelines Order Number 13 which provided for a 20 percent increase above the
1980 Maximum Base Rent of $178.28.
Further, the Commissioner finds that the record does not include any
documentation purportedly filed by the tenant with the D.H.C.R. in the
proceeding before the Rent Administrator requesting a withdrawal of the
tenant's application.
Accordingly, the Rent Administrator's determination was warranted.
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 the Rent Administrator's 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 the Rent
Administrator's order. The owner is further directed to adjust subsequent
rents to an amount no greater than that determined by the Rent
Administrator's order plus any lawful increases.
In the event the owner does not take appropriate action to comply with this
order within sixty (60) days from the date of issuance of this order, the
tenant may seek to enforce this order by filing an appropriate action in a
court of competent jurisdiction. A copy of this order is being sent to the
tenant currently in occupancy of the subject apartment.
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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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