AJ 110081 RT
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.: AJ 110081 RT
DRO DOCKET NO.: Q 3119677 R
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On October 1, 1986, the above-named petitioner-tenant filed a
Petition for Administrative Review of an order issued on
September 2, 1986, by the District Rent Administrator, 10
Columbus Circle, New York, New York, concerning housing
accommodations known as Apartment 1-S, 65-65 Wetherole Street,
Rego Park, New York, wherein the Rent Administrator dismissed the
tenant's overcharge complaint.
The Commissioner notes that this proceeding was initiated prior
to April 1, 1984. Sections 2526.1(a)(4) and 2521.1(d) of the
Rent Stabilization Code (effective May 1, 1987) governing rent
overcharge and fair market rent proceedings provide that
determination of these matters be based upon the law or code
provisions in effect on March 31, 1984. Therefore, unless
otherwise indicated, any reference in this order and opinion to
to Sections of the Rent Stabilization Code is to the Code in
effect on April 30, 1987, and this proceeding is being determined
in accordance therewith.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the administrative appeal.
This proceeding was originally commenced by the filing of a rent
overcharge complaint by the tenant with the New York City
Conciliation and Appeals Board (CAB), one of the predecessor
agencies to the Division of Housing and Community Renewal (DHCR).
The tenant took occupancy pursuant to a lease commencing July 15,
1980 and expiring July 31, 1983 at a monthly rent of $327.22.
The owner was served with a copy of the complaint and was
requested to submit rent records to prove the lawfulness of the
rent being charged. In answer to the complaint, the owner
submitted a complete rental history, and copies of all leases
from the base date.
In Order Number 21,660, the District Rent Administrator
AJ 110081 RT
determined that the proceeding should be discontinued and the
tenant's complaint dismissed based on advice from the parties
that the owner had entered into an Assurance of Discontinuance
with the Attorney General of the State of New York.
In this petition, the tenant contends that the District Rent
Administrator's Order is incorrect and should be modified because
he was never provided with the rental history of the apartment,
nor was he apprised of the outcome of the negotiations between
the owner and the Attorney General.
In answer to this petition, the owner contends that its response
in the proceeding before the Administrator did not state that an
Assurance Agreement had been entered into with the Attorney
General; that the owner had submitted a complete rental history
and copies of all leases from the base date; and that there has
been no overcharge. The owner further contends that the tenant's
request for details of the owner's negotiations with the Attorney
General's office is moot.
The Commissioner is of the opinion that this petition should be
The Commissioner finds that the evidence of record indicates
that no Assurance of Discontinuance concerning the rent for the
subject apartment has been entered into between the owner and the
Attorney General, nor would such an Assurance of Discontinuance
estop the DHCR from exercising its expertise and determining the
lawful stabilized rent for the subject apartment from the base
date. Therefore the Administrator's order was incorrect and the
tenant's overcharge complaint should be processed.
The Commissioner has reviewed the lease history, leases, and
tenant submissions pertaining to the instant action. The lawful
stabilization rent is shown on the attached rent calculation
chart. It is determined that the tenant was not overcharged.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, granted
and the District Rent Administrator's order be, and the same
hereby is, revoked and it is found that the tenant was not
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