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.:
SEMYON BUYANOVSKY, DISTRICT RENT
PETITIONER AI 210222-R
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING THE ADMINISTRATOR'S ORDER
On January 3, 1990, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
December 20, 1989 by a Rent Administrator concerning housing
accommodations known as Apartment B-4 at 320 Ocean Parkway,
Brooklyn, New York, wherein the District Rent Administrator
determined that the owner had overcharged the tenant in the
amount of $859.88, including treble damages and excess security.
The issue in this appeal is whether the District Rent
Administrator's order was warranted.
The applicable sections of the Law are Section 26-516 of the Rent
Stabilization Law and Sections 2526.1(a) and 2523.5 of the cur-
rent Rent Stabilization Code.
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 originally commenced by the filing on
September 5, 1986 of a rent overcharge complaint by the tenant,
in which he stated that he had commenced occupancy on December
25, 1977 at a rent of $195.00 per month.
The owner filed an initial registration statement for the subject
premises effective April 1, 1984. The registration stated the
legal rent as $242.00.
The owner was served with the complaint and was directed to
submit documentation to establish the validity of all rent
increases since the base date. The owner complied with this
On December 20, 1989, the Rent Administrator issued an order
under Docket No. AI 210222-R, wherein it was found that the
tenant had been overcharged in the amount of $859.88, including
treble damages and excess security. An overcharge of $23.24 per
month was determined for the tenant's two-year vacancy lease from
January 1, 1988 through December 31, 1989.
In the petition, the tenant states that the Administrator has
miscalculated the overcharge total by counting only 12 months
overcharge in the tenant's two-year lease, instead of 24 months.
The owner's answer did not address this issue.
The Commissioner is of the considered opinion that the tenant's
petition be granted and that the Administrator's order be
The tenant correctly identifies a calculations error in the order
that reduced the amount of overcharges. At $23.24 per month, the
total overcharge for the tenant's two-year lease terms is
$557.76, instead of $278.88. With the addition of treble damages
and excess security, the correct amount of overcharges is
$1,696.52, instead of $859.88. The order is modified
This order may, upon the expiration of the period in which the
owner may institute a proceeding pursuant to Article 78 of the
Civil Practice Law and Rules, be filed and enforced by the tenant
in the same manner as a judgment or not in excess of twenty
percent thereof per month may be offset against any rent
thereafter due the owner.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that the tenant's petition be, and the same hereby is,
granted, and that the Administrator's order be, and the same
hereby is, modified in accordance with this order and opinion.
JOSEPH A. D'AGOSTA