2008-05-30 / Letters

Chapey Wins Rent Reduction For Residents At 107-10 SFP

Dear Editor,

Starting June 1, 2008 tenants will receive a rent credit for 18 months as a result of a Petition fro Administrative Review filed by Dr. Geraldine Chapey and our attorney Eugene Crowe on behalf of the Atlantis Tenants of 107-10 Shore Front Parkway.

Department of Housing and Community Renewal DHCR ruled that the MCI charges that the tenants are paying be delayed from 05/01/04 to 12/01/05 saving the individual tenants 18 months of MCI increased payments. The credit will be applied to the rent starting June 1 and continue for 18 months. Dr. Chapey was informed on Tuesday May 13 that the management will implement the rent credit starting June 1.

Dr Geraldine Chapey, representing the Atlantis Tenants Association and our legal representative, filed the original petition for administrative review (PAR) with the DHCR objecting to the MCI increase on 10/17/05.

The State of New York Department of Housing and Community Renewal, Office of the Rent Administrator ruled that the date for the major capital improvement charge was moved from May 1, 2004 to December 1, 2005 effectively saving the individual tenants themselves 18 months of increased payments that the owner intended to impose upon them based upon his claim of a major capital improvement. (The rent credit only applies to tenants living in the building between May 1, 2004 and December 1, 2005)

As you remember: 1) In January, 2004 the owner applied for an MCI increase for the following items: a. exterior restoration; b. windows; c. roof railing; and d. architectural exterior restoration. 2) On 09/16/05 the NYS Division of Housing and Community Renewal - Office of Rent Administration ruled against the tenants in favor of the landlord. 3) On behalf of the tenants, the Atlantis Tenants Association at the direction of Geraldine Chapey and through our attorney Eugene Crowe filed a PAR - a petition for administrative review challenging this ruling on the MCI increase. PAR's must be filed within 35 days of the DHCR ruling. The petition on behalf of the tenants was filed on 10/17/05 in a timely manner. 4) On Tuesday, November 15, 2005, OUR ATTORNEYS addressed the tenants. It was their recommendation that the tenants pay the increase pending the DHCR decision on the tenant's objection - PARS. 5) On December 1, 2005 a notice was placed on the bulletin board advising the tenants that our attorney had advised us that DHCR required a list of the tenants who belonged to the tenants association. The deadline to hand in the list was 12/20/05. This list was forwarded to our attorney and filed with DHCR. 6) According to Section 26-511 (c)(6) of the Rent Stabilization Law, collection of this rent increase, including any temporary arrears which may be due, shall not exceed 6 percent of the rent as of 01/24/04 in any 12 month period with the excess spread forward in similar increments. 7) The effective date of our increase was 05/01/04. It was collectible as of 10/01/05 with the excess spread forward as is the case in the 10/01/06 rent invoice. 8) The Atlantis Tenants Association, with Dr. Geraldine Chapey as the representative, and the attorney, challenged the ruling on the MCI increase and filed a Petition of Administrative Review. The Administrative Review docket number was TJ1100SIRT. The Rent Administration Docket was SB100790M.

Seniors who wish to apply for SCRIE (a senior citizen rent increase exemption) can contact me at 718- 474-5993 and I will help you to complete the application. Senior citizens may be eligible for an exemption from future rent increases when their yearly income is below $27,000.

I am very pleased that I was able to achieve this rent credit for the tenants.

GERALDINE CHAPEY

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