DOC. NO.: EK 410328-RO
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. EK 410328-RO
STREAMLINE MANAGEMENT, INC. DISTRICT RENT ORDER
C/O PATRICIA WHITNEY, : DOCKET NOS:
PETITIONER : CC 410003-RP
------------------------------------X L 3111631-R
ORDER AND OPINION GRANTING PETITION
FOR ADMINISTRATIVE REVIEW IN PART
On November 23, 1990 the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on October
23, 1990 by the Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York concerning housing accommodations known as 233 West 99th
Street, New York, N.Y., Apartment 3B.
The Commissioner notes that this proceeding was initiated prior to
April 1, 1984. Sections 2526.1(a) (4) and 2521.1(d) of the Rent
Stabilization Code (effective May 1, 1987) governing rent overcharge
and fair market rent proceedings provide that determination of these
matters be based upon the law or code provisions in effect on March
31, 1984. Therefore, unless otherwise indicated, reference to
sections of the Rent Stabilization Code (Code) contained herein are
to the Code in effect on April 30, 1987.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
On October 23, 1990, the Rent Administrator issued the order appealed
herein establishing the lawful stabilization rent and determining
that the owner had collected an overcharge in the amount of
$3,124.07, including interest.
In its petition, the owner contends that the Rent Administrator's
calculations are incorrect since they did not include electricity
allowances to which the owner was entitled.
The Commissioner is of the opinion that this petition should be
granted in part.
A review of the record reveals that the owner is providing
electricity at the subject premises and that the Rent Administrator's
calculations did not include electrical inclusion increases allowed
under Rent Guideline Board Orders 8 and 13.
Accordingly, the Commissioner has recomputed the lawful stabilization
DOC. NO.: EK 410328-RO
rent and the amount of the overcharge as indicated on the chart
attached hereto and made a part hereof.
The Commissioner notes that under Guideline 14, the guideline
increase for a three year renewal lease where the owner pays for
electricity is 9%, not 10% as indicated in the herein appealed order
and by the owner in its petition. Accordingly the Commissioner has
recomputed the lawful stabilization rent for the lease commencing
under Guideline 14.
Any arrears owed by the tenant as a result of this order may be paid
to the owner in twelve monthly installments. Should the tenant
vacate, arrears shall be payable immediately.
Because this determination concerns lawful rent only through February
28, 1988, the owner is cautioned to adjust subsequent rents to an
amount no greater than that determined by this Order and Opinion, and
to register any adjusted rent with this Order and Opinion being given
as the explanation for the adjustment.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it
ORDERED, that this petition be, and the same hereby is, granted in
part, and the Rent Administrator's order be, and the same hereby is,
modified in accordance with this Order and Opinion. The amount of
the rent overcharge through February 28, 1988 is $408.05.