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.: FL410245RT
Joseph Ciabotte, DRO DOCKET NO.: DL410106R
OWNER: Jack Resnick & Sons,
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On December 16, 1991, the above-named tenant filed a Petition for
Administrative Review against an order of a Rent Administrator, issued
on December 12, 1991, concerning the housing accommodations known as 430
East 72nd Street, New York, New York, Apartment No. 33, wherein the
Administrator determined that the owner had overcharged the tenant by a
total of $625.94 including interest.
This case originated in December of 1989, with the tenant's Complaint of
Rent Overcharge and/or Excess Security Deposit. The ensuing order, here
appealed, was based in part on the finding that a previous order,
reducing the rent herein, due to a service decrease, had been rescinded
in that regard effective November 1, 1989. The petitioner here argues
that that rental reduction had not in fact been rescinded so that the
amount of the overcharge should have been greater.
The record contains no landlord's response on the merits of that
After careful consideration, the Commissioner is of the opinion that
this petition should be granted.
The order recites that the rent, previously reduced to $291.50, was
restored (to $362.69) by the order docketed at number EC430126OR. That
order, however, did not restore the rent for the subject apartment.
Where the Administrator found no overcharge from November 1, 1989 to
January 31, 1991, then, the Commissioner now finds a monthly overcharge
of $71.19, yielding, with interest, and excess security, a total
overcharge for that period of $1,067.85. Adding that figure to the
Administrator's aforementioned total for the time preceding the lease in
question, yields a new total overcharge of $1,693.79. In addition the
rent remains frozen at $291.50 until an order is issued restoring the
rent due to a service restoration.
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 determinations 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
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 in the same manner as a judgment or not
more than 20 percent per month thereof 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 petition be, and the same hereby is granted and that
the Rent Administrator's order is hereby modified as set forth above.
The total overcharge through January 31, 1991 including interest and
excess security is $1,693.79.
JOSEPH A. D'AGOSTA