EH110017RO, EH110024RT

                                  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
          APPEALS OF                             DOCKET NO.EH110017RO
                                              :            EH110024RT
                                                 DRO DOCKET NO.Q003377R
               ELYAS BOKHOUR AND
               MARGARET LEBRON
                                PETITIONERS   : 
          ------------------------------------X                             
          ORDER AND OPINION GRANTING PETITIONS FOR ADMINISTRATIVE REVIEW IN 
          PART 


               On August 2, 1990, and August 3, 1990 the above-named 
          petitioner-owner  and tenant filed Petitions for Administrative 
          Review against an order issued on June 29, 1990, by the Rent 
          Administrator, 92-31 Union Hall Street, Jamaica, New York, 
          concerning the housing accommodations known as 45-16 48 Street, 
          Queens, New York, Apartment No. 3R 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 Appeals are being determined pursuant to the 
          provisions of Section 2522.3(e) and Section 2522.4 of the Rent 
          Stabilization Code and are being consolidated for disposition 
          herein.

               The issue herein is whether the Rent Administrator's order was 
          warranted.

               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 appeals.  

               This proceeding was originally commenced in August, 1985, by 
          the filing of a rent overcharge complaint by the tenant in which the 
          tenant was questioning her initial rent and stated that the prior 
          tenant had been in occupancy since 1959.

               The Rent Administrator's staff advised the parties that the 
          complaint would be treated as a fair market rent appeal (hereafter 
          FMRA) and sent both the prior owner and the owner herein the 
          standard fair market rent package affording them the opportunity to 
          submit comparability data and advising them of what comparability 
          data was required.  The prior owner and owner herein were also 
          directed to submit proof of any claimed improvements made in the 
          subject apartment.

               Regarding comparability, the prior owner stated that the 









          EH110017RO, EH110024RT



          subject apartment was the only renovated apartment in the subject 
          premises but that equivalent apartments in the area rent from $600 
          to $710 per month.  In support of such contention, the prior owner 
          submitted a September 15, 1985 copy of a New York Times real estate 
          listing.

               Regarding improvements, the prior owner in a submission dated 
          and postmarked March 26, 1990, submitted bills and cancelled checks 
          for claimed improvements made in the subject apartment immediately 
          prior to occupancy by the tenant herein.  However this submission 
          did not reach the Rent Administrator's file before the issuance of 
          the order herein.

               In Order Number Q003377R, the Rent Administrator adjusted the 
          initial legal regulated rent by establishing a fair market rent of 
          $261.20 effective August 30, 1984.  The fair market rent was 
          determined solely on the basis of the special fair market rent 
          guideline and no allowance was given for any improvements.  In 
          addition, the Rent Administrator found that the tenant had paid 
          excess rent totalling $11,773.25 from August 30, 1984 through 
          December 31, 1988.

               In the tenant's petition, the tenant contends in substance that 
          the Rent Administrator's order should be updated from January 1, 
          1989 through June 30, 1990.

               In answer to the tenant's petition, the current owner stated in 
          substance that the tenant's petition lacks sufficient documentation 
          with which to support the tenant's allegations.

               In the owner's petition, the owner alleges in substance that 
          the owner should have received credit for the renovation work done 
          in the subject apartment in the determination of the fair market 
          rent and that the comparability data submitted by the owner 
          consisting of the New York Times real estate listing and the fact 
          that the apartment had been renovated should have been considered.

               The Commissioner is of the opinion that these petitions should 
          be granted in part.

               Pursuant to Section 2522.3(e) of the Rent Stabilization Code, 
          comparability will be determined based on the following:

               (1) Legal regulated rents, for which the time to file a Fair 
          Market Rent Appeal has expired and no Fair Market Rent Appeal is 
          then pending, or the Fair Market Rent Appeal has been finally 
          determined, charged pursuant to a lease commencing within a 4 year 
          period prior to, or a one year period subsequent to, the 
          commencement date of the initial lease for the housing accommodation 
          involved; and 

               (2) At the owner's option, market rents in effect for other 






          EH110017RO, EH110024RT

          comparable housing accommodations on the date of the initial lease 
          for the housing accommodations involved as submitted by the owner.

               Section 2522.4 of the Rent Stabilization Code permits a rent 
          increase equal to one-fortieth the cost of new equipment and tenant 
          consent for such increase is not required if the installation was 
          made during a period when the subject apartment was vacant.

               In the instant case, regarding the owner's contention that 
          comparability should have been considered, it is noted that the 
          owner and prior owner did not submit usable comparability data 
          pursuant to Section 2522.3(e) as outlined above although afforded an 
          opportunity to do so and advised as to what constituted an adequate 
          submission.  Rather all that was submitted was a real estate listing 
          from the New York Times which was not sufficient.

               Regarding the owner's contention that it was entitled to a rent 
          increase for improvements, the Commissioner notes that the owner did 
          submit copies of bills and cancelled checks for improvements in the 
          proceeding before the Rent Administrator, but that such submission 
          did not reach the file and was not considered by the Rent 
          Administrator.  Accordingly, such submission will be considered 
          herein.  The owner submitted the following bills and cancelled 
          checks for items installed immediately prior to occupancy by the 
          tenant herein which will be allowed:

          1) $1465.00 for bathroom and kitchen renovation including removal of 
          toilet and installation of new one, installation of shower body and 
          necessary piping and fittings, installation of kitchen sink, kitchen 
          cabinets and custom made formica top.

          2) $216.50 for installation of new bathtub and new bathroom sink.
               
               The total allowance is $1465.00 plus $216.50 equals $1681.50 
          divided by 40 equals a total rent increase of $42.04.

               The following items submitted are not items for which a rent 
          increase is warranted since they consist of ordinary repairs and 
          maintenance and/or the bill was not sufficiently broken down to 
          determine the specific cost of certain items or the specific work 
          done:

          3) $1636.00 for repair of windows, plastering and painting and 
          putting new tile on walls and floor of bathroom and new marble 
          saddle; repaired all wooden windows sash chains and replaced broken 
          glass and broken storm windows; removed ironing board door in 
          kitchen and repaired it with plaster board; completely plastered and 
          painted entire apartment.

               With regard to the tenant's contention that the excess rent 
          determination should be updated to the date of the Rent 
          Administrator's order, the Commissioner is of the opinion that the 




          tenant is correct.  An examination of the records in this case 
          discloses that the tenant was not asked to update the rental history 







          EH110017RO, EH110024RT

          in the proceeding before the Rent Administrator so that this 
          contention may be considered for the first time on appeal.  It is 
          noted that the tenant listed contradictory rental information in her 
          petition and that the owner did not answer such appeal with updated 
          rental information of its own.  Accordingly, the Commissioner has 
          used the annual registration information submitted by the owner to 
          update the rent through the date of the Rent Administrator's order.

               Taking the above factors into account, the Commissioner has 
          recalculated the lawful stabilization rents and the amount of excess 
          rent owed the tenant.  The lawful stabilization rents and the amount 
          of excess rent are set forth on the amended rent calculation chart 
          attached hereto and made a part hereof.

               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 this order as the basis for the change.  Registration 
          statements already on file, however, should not be amended to 
          reflect the findings and determination made in this order.  The 
          owner is further directed to adjust subsequent rents to an amount no 
          greater than that determined by this order plus any lawful 
          increases.

               If the owner has already complied with the Rent Administrator's 
          order and there are arrears due to the owner as a result of the 
          instant determination, the tenant shall be permitted to pay off the 
          arrears in twelve equal monthly installments.  Should the tenant 
          vacate after the issuance of this order or have already vacated, 
          said arrears shall be payable immediately.

               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 credit the excess rent 
          collected by the owner against the next month(s) rent until fully 
          offset.

               THEREFORE, in accordance with the provisions of the Rent 
          Stabilization Law and Code, it is















               ORDERED, that these petitions for administrative review be, and 
          the same hereby are, granted in part, and, that the order of the 
          Rent Administrator be, and the same hereby is,  modified in 
          accordance with this order and opinion.  The lawful stabilization 


          EH110017RO, EH110024RT

          rents and the amount of excess rent are established on the attached 
          chart which is fully made a part of this order.  The amount of 
          excess rent through June 30, 1990 is $13,154.29.

          ISSUED



                                                                        
                                          JOSEPH A. D'AGOSTA
                                          Deputy Commissioner





                     




































    

TenantNet Home | TenantNet Forum | New York Tenant Information
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws
Disclaimer | Privacy Policy | Contact Us

Subscribe to our Mailing List!
Your Email      Full Name