FA 210204 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
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FA 210204 RO
Lester Brand, DISTRICT RENT ADMINISTRATOR
DOCKET NO.: CB 210510 R
PETITIONER
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ORDER AND OPINION GRANTING ADMINISTRATIVE APPEAL
IN PART
On January 23, 1991 the above-named petitioner-owner filed an
Administrative Appeal against an order issued on January 4, 1991
by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
149 Brighton 11th Street, Brooklyn , New York, Apt. 4D.
The Administrative Appeal is being determined pursuant to the
provisions of 9 NYCRR 2526.1.
The issue herein is whether the District Rent Administrator
properly determined the tenant's complaint of rent overcharges.
The District Rent Administrator's order, appealed herein,
determined that the tenant had been overcharged a total,
including treble damages, of $2172.96 during the period from
October 1, 1986 through September 30, 1988; and that the rents
charged under subsequent lease renewals equalled the lawful
stabilization rent.
On appeal, the petitioner-owner alleges, in substance, that the
rent increase of $6.10 per month under Docket No. BC 210242-OM
was effective as of July 1, 1987; that the District Rent
Administrator erroneously considered such increase effective as
of October 1, 1988; that capital improvements were not
incorporated properly to increase the rent; that the overcharge
should not have been construed as willful; that the District Rent
Administrator did not consider the increase in the building's
assessed valuation in determining the rent; and that the rent
should have been set at $450.00 per month due to the increase in
assessed valuation.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be granted, in part, as provided herein below.
The District Rent Administrator's order and determination under
Docket No. BC 210242-OM provided for a rent increase of $6.10 per
room per month, effective as of July 1, 1987 for rent-stabilized
apartments. The tenant's lease provided for adjustments of the
rent during its term if the owner is found to be entitled to such
FA 210204 RO
adjustments by the Division. The Commissioner therefore finds
that the Rent Calculation Chart of the District Rent
Administrator's order should be modified to provide that the
lawful stabilization rent for the subject one-room apartment was
increased from $299.82 to $305.92 per month as of July 1, 1987.
The tenant was overcharged $30.18 per month from October 1, 1986
through June 30, 1987 and $24.08 per month from July 1, 1987
through September 30, 1988, for a total of $632.82. Applying
treble damages, the total overcharge to be refunded equals
$1898.46.
With regard to the owner's remaining contentions on appeal, the
Commissioner finds that no other major capital improvement rent
increases granted the owner are relevant to the specific period
of overcharge; that the District Rent Administrator properly
imposed treble damages as the owner did not establish that the
overcharge was not willful; and that the matter of the building's
assessed valuation is not relevant to the instant proceeding.
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 provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this administrative appeal be, and the same hereby
is, granted in part, and that the order of the District Rent
Administrator be, and the same hereby is, modified to provide
that the overcharge to be refunded is $1898.46.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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