FH 410185 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.: FH 410185-RO
Maurice Herman [Windsor DRO DOCKET NO.: ZL-005334-R
TENANT: Sue Fisher Dailey
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On August 15, 1991 the above-named petitioner-owner filed a Petition for
Administrative Review against an order issued on July 19, 1991 by the
District Rent Administrator, 92-31 Union Hall Street, Jamaica, New York
concerning the housing accommodations known as 952 Fifth Avenue,
New York, New York, Apartment No. 6A, wherein the District Rent
Administrator determined that the owner had not overcharged the tenant
as of July 31, 1991.
In this petition, the owner contends in substance that the lawful
stabilization rent should not be limited to the $800.00 agreed to as a
result of a stipulation.
The tenant did not submit an answer to the owner's petition, although
given an opportunity to do so.
The Commissioner is of the opinion that this petition should be granted.
While the Administrator's order noted that the parties had stipulated to
a rent of $800.00 per month from the inception of the tenancy until the
DHCR established the lawful rent, and while it in fact calculated the
rents resulting from applying Guidelines increases to written and deemed
leases, it listed a lawful stabilization rent of $800.00 per month for
all periods after the stipulation was entered into. Because the
stipulation was without prejudice and subject to the DHCR's final
determination of the lawful rent, the owner did not waive its right to
a rent higher than $800.00 per month. The lawful stabilization rent is
$1,177.48 per month from October 1, 1985 to September 30, 1987;
$1,254.02 per month in a deemed lease from October 1, 1987 to September
30, 1989; and $1,366.88 per month in a deemed lease from October 1, 1989
to September 30, 1991.
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,
FH 410185 RO
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. Since the complainant has vacated, a copy of this order is
being sent to the current tenant.
THEREFORE, in accordance with 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 be, and the same hereby is, modified in
accordance with this order and opinion.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner