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.: AI 410032-RT
DRO DOCKET NO.: L 3114022-R
ORDER AND OPINION TERMINATING PROCEEDING AND
MODIFYING ORDER OF RENT ADMINISTRATOR
On September 9, 1986 the abovenamed petitioner tenant filed a Petition for
Administrative Review against an order issued on August 5, 1986 by the
Rent Administrator concerning the housing accommodations known as 20
Clinton Street, Apartment 5B, Manhattan.
The Commissioner notes that the then current owner also filed a petition
which was dismissed as untimely and the owner instituted an Article 78
proceeding which was not perfected (AI 410041-RO); SJR 1838).
The instant order of the Rent Administrator was the result of an
overcharge complaint filed by the tenant on March 21, 1984 and established
stabilized rents and directed refunds of overcharges by the then current
and prior owners.
In his petition, the tenant does not challenge the Administrator's order
but attaches a copy of a letter to the then present and 2 prior owners
demanding payment in accordance with the order including treble damages.
In response one of the owners states that the Administrator's order did
not impose treble damages but only 9% interest on the overcharges
collected after April 1, 1984.
As abovenoted the petition does not in itself raise a adjudicable issue.
However, to avoid unnecessary confusion, the Commissioner deems it
appropriate to point out that the Administrator's order did, in fact,
impose treble damages for an 11 month period after April 1, 1984. Since
treble damages were imposed, interest is not also warranted and the
language in the Administrator's order relating thereto is hereby deleted.
If the owners have not already refunded or credited the overcharges, the
tenant may, upon the expiration of the period in which the owners may
institute an Article 78 proceeding, file and enforce the Administrator's
order along with this order and opinion as a judgment or offset not more
than 20% per month of the overcharge occurring on and after April 1, 1984
against any rent due the current owner, if he has not already done so.
DOCKET NUMBER: AI 410032-RT
THEREFORE, pursuant to Rent Stabilization Law and Code, it is
ORDERED, that this proceeding be, and the same hereby is, terminated and
that the Rent Administrator's order be, and the same hereby is, modified
as above set forth and, as so modified, affirmed.