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May I, 2013
Certi?ed Mail, Return Receipt Requested

New York State Division of . .- .,
Housing and, Community Renewal 3: 7
Gertz Plaza 
92-31 Union Hall Street 
Jamaica, NY 11433

Attn: Overcharge Bureau

Re. Dkt. No. 
Premises: I 700 Bedford Ave
Apt: 12N

Tenant: Robin Taylor

Dear Overcharge Bureau:

The undersigned is counsel for the Owner of the subject premises.

This Answer is made in response to ?Tenant?s Complaint of Rent and/or Other Speci?c
Overcharges in Rent Stabilized Apartments?, received by Division of Housing and Community
Renewal (hereinafter on March 25, 2013 and Notice and Transmittal of Tenant?s
Complaint of a Rent. Overcharge, dated April 2, 2013.

As an initial matter, we are informed that the tenant has withdrawn her Rent Overcharge
Complaint. Please con?nn if she has submitted a withdrawal letter.

However, in an. abundance of caution and in an act of good faith, the Owner has completed
a full review of. the tenant?s rent history. Please note that the Owner commenced a Non?Payment
proceeding against the tenant in Kings Housing Court, Index. No. 93455/ 12. The tenant. was
already evicted, but. was granted an Order to Show Cause and was granted possession. The tenant
owed more than $6,000 in rent arrears and has recently paid the balance in the face of yet another

eviction.

A complaint of Rent Overcharge is limited to an examination of the apartments rent
history only for the four (4) years preceding the ?ling of the complaint. The complaint was ?led
on March .25, 2013. Therefore, the base date is March 25. 2009. The following is the rent history

of the subject apartment?

 

Tenant Lease Dates Legal Rent Rent Charged m_

Martin 11.11208 - $1,628.59 $1,628.59 (lease)(registration}

Taylor 3/1/10 2/28/1 1 $2,097.00? $1,425 .00 (lease)(registration)(ledger)
17.5% $183.63 (lAl)3

Taylor 371/1 1 2/29/13 $2,144.18 $1,475.00 (ledger)(registration) 2.25%

Taylor 371/ 12 - 2/28/13 $2,224.59 $1,625 .00 (lease)(registration)(ledger) 3.75%

Taylor 3/1/1333 $2,224.59 $2,224.59 (ledgerXregistration)

(See leases annexed as Exhibit amended registrations annexed as Exhibit the rent
ledger annexed as Exhibit and proof of {Al?s axmexed as Exhibit 

The tenant?s initial Legal Regulated Rent was calculated as follows:

$1,628.59 $285.00 $183.63 I/40r/2 L41):
.2, 097. 00 (Legal Regulated Rent)

The Landlord deregulated the apartment in 2010 as Permanently Exempt through high-rent 
\t?acancy. However, pursuant to Robert's v. Tishman Spever Properties. L.P.. l3 270 (NY.
2009), this apartment could not be deregulated in 3010 as it. was and is receiving l~51 tax bene?ts.
The Landlord was unaware that an apartment could not be deregulated through hi gh-rent vacancy if
it the building was. receiving 1-51 bene?ts. As of January 20, 201 i, the DHCR was not prepared to
issue a de?nitive statement on how apartments would be affected by this Court of Appeals Case
(See Testimony before the Assembly on DHCR website). Therefore, the Landlord has recently
amended the registrations for 0 - 2013 (See amended registrations annexed hereto as Exhibit



Even though the Landlord attempt to deregulate the subject apartment, all rent increases
that the Landlord collected were increases that he was entitled to. The previous tenant?s rent was
$1.62859, M's. Taylor signed a one (1) year vacancy lease, commencing March 1,2010 and
ending February 28, 2011. The Owner was entitled to a 17.5% vacancy lease rent increase

 

1Please note that when the Landlord calculated the Legal Regulated Rent, a two (2) year
vacancy increase was take instead of the one (1) year vacancy increase. Additionally, the
Landlord charged a preferential rent well under the Legal Regulated Rent and therefore, there is
no issue with the. miscalculation of the LRR.

3?The Landlord spent $7,345.00 in Individual Apartment hnprovernents 

3The tenant never returned the lease that would have on 3/1/13. Therefore,
she is currently a month-to?month tenant. The Landlord has offered the tenant an amended
renewal lease With the correct Legal Regulated Rent (See lease annexed hereto as Exhibit 

 The Landlord mistakenly calculated the vacancy increase amount using a two (2) year
increase rather than the appropriate one (1.) year increase, However, due to the fact the tenant has
been charged a preferential rent. since the day she moved in, the inadvertent miscalculation of the
vacancy increase has no affect on the instant complaint. Additionally, the Owner was also entitled
to an lAl increase of l/40tli ot?totai costs of improvements $183.63 

The tenant has always paid a preferential rent, which clearly was much lower than the Legal
Regulated Rent. Both the LRR and the preferential rent were clearly memorialized in the tenant?s
leases. The LRR was on the face of the lease and the preferential rent was clearly stated on the
preferential lease rider (See preferential lease rider annexed hereto as Exhibit hlloreover, the
preferential rent charged was lower than the rent amount of the previous tenant on the base date.
Therefore, it is impossible for the tenant to have been overcharged.

as the owner did, not wilfully evade the RSL and as the owner has in good
faith amended the incorrect registrations, the tenant cannot be awarded a rent overcharge award
as she was never overcharged and the registrations are now accurate.

Based upon the foregoing, the instant complaint must be dismissed. Please con?rm the
tenant's withdrawal of this complaint.

Very truly yo trs,

 

MUml
cc: Fieldhridge Associates. LLC

39800 107.001 ?Clveieharge ReSponseM-rpd

RENT CALCULATION SHEET

 

Abba Rarity An?. In:
DATE: Jan. $0
'l?enant: Robin Taylor

Address: 1700 Redford Ave #1213} Brooklyn NY 1122.5

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Fill In Do Not Touch
Old Rent 1,628.59
Number of Years 0 {3
Lease Term
(1. yea .1 725) (2
years .2) 9.2 325.713
Amenity Ami} uni Cost Do Not Touch
Fionr 0 0
Kitchen 0 4350 1 08.75
Appliances 0 800 20
Fixtures 6 540 13.5
Baseboards 0 300 7.5
Room 130ch 10 1130 23.25
Closet Doors 0 0 8
Medical Cabinet 1 225 5.625
Faucet 0 0 0
Bathroom 0 0
Front Daor 0 0. 0
T0131 7345 183.625
Rent: 2137.933]
Old Rent:

1. f?rcvin us fags! rent

if of Years:
The numbers of years since the previous lease was made. Only change 
zero If it was signed over 8 years or more ago.

OCEAN GRCONSTRUCTION

101 Lincoln Road 
Brooklyn, NY 11225
718-860-9436

March 10, 2010

 

 

 

 

 

 

.- Billed To: For Job Location:

Associates LLC 1700 Bradford Avenue

1720 Bradford Avenue Apt?llm

7 Brooklyn, NY 11225 Srooklyn, NY 11225

Removed Garbage from Apartment $480.00
Installed Kitchen Baas Cabinets Counter Tops $4,350.00
lnstalled Kitchen Sink with Plumbing $250.00
Installed Range and Connected Gas Supply $150.00
Installed. Room Closet Doors $1,130.00
Supplied and Installed 6 Light Fixtures $540.00
Supplied and lnstalled Medicine Cabinet $225.00

Supplied and Installed new outlets Light, Switches $375.00
Supplied and lnstalled New Baseboards $300.00

Paint Plastered Total Apartment $0500.00
Total $9,300.00

Please remit payment upon completion





STERLING ELECTRONICS



 

369 Kingston Ave Brooklyn NY 11213
TEL ?31 8!?56?9360 FAX 



 

 

 

 

 

 

 

     

316031

ACCOUNF NO 0
INVOICE DA. TE. 03? 5} I 0

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FIELDBRIDGE FIELDBREDSE
0 1720 850F080 Avg SULLIVAN PLACE
NY 11225 I BROOKLYN. NY 11225
2 
TEL: 71817562400 FAX: TEL: 71817564400 FAX: 7181-1618551
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