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. FL610029RO
: DISTRICT RENT OFFICE
412 Realty Co., DOCKET NO. AI610366R
TENANT: Helen Hurley
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 10, 1991, the above-named owner filed a Petition for
Administrative Review against an order issued seven days earlier by a
Rent Administrator, wherein the Administrator established the Fair
Market rent for the housing accommodations known as 3151 Perry Avenue,
Bronx, New York, Apartment No. 4B, and determined that the owner had
collected excessive rent.
This proceeding had originated in 1986, with the filing of a Tenant's
Complaint of Rent Overcharge and/or Excess Security Deposit, which
stated inter alia that the previous tenant had lived in the apartment
for over thirty years.
The owner's response stated inter alia that the 1984 Maximum Base Rent
("MBR") for the subject accommodations had been $343.94.
The ensuing order, here appealed, states that the statutory criteria for
processing a Fair Market Rent have been met in this case, and employs in
calculating same, a 1984 MBR of $304.67.
The basis for the instant appeal is the claim that the 1984 MBR was in
fact $343.94. Attached to the petition is inter alia the 1984
registration statement for the apartment listing a 1984 MBR of $343.94.
The Commissioner is of the opinion that this petition should be denied.
Rent Control records kept by the above-referenced Division reflect that
the Administrator's finding as to the 1984 MBR is correct. Such records
show that the 1972-73 MBR for the subject accommodations was $160.90.
Updating this figure with the appropriate percentage increases for two
year MBR cycles results in a 1984 MBR of $304.67 as the Rent
Administrator determined. As the petition states no basis for the MBR
figure it cites (the 1984 Registration statement being after all a
document prepared by the owner), the Commissioner sees no reason to
overturn the Administrator's determination of the MBR in question.
There being no other assignment of error, the Rent Administrator's
determination will be affirmed.
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
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be and the same hereby is, denied. A refund
of $2,760.82 is due to the above-named tenant. The lawful rent on the
date of the Administrator's order was $467.22 monthly.
JOSEPH A. D'AGOSTA