DOCKET NO.: AJ 210050 RO
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 210050 RO
FRANCIS GREENBURGER DISTRICT RENT
c/o TIME EQUITIES, INC. ADMINISTRATOR'S DOCKET
NO.: L 3107574 R
ORDER AND OPINION GRANTING ADMINISTRATIVE APPEAL
On October 2, 1986 the above-named petitioner-owner filed an
Administrative Appeal against an order issued on September 11,
1986 by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
1855 East 12th Street, Brooklyn, New York, Apartment, 2D.
The Administrative Appeal is being determined pursuant to
the provisions of 9 NYCRR 2526.1(f).
The District Rent Administrator's order, appealed herein,
determined that the tenant had been overcharged a total,
including accrued interest and excess security, of $9818.48
during the period from June 1, 1982 through May 30, 1986.
On appeal, the petitioner-owner alleges, in substance, that
the District Rent Administrator's order improperly assessed the
owner for overcharges dating back to June 1, 1982,
notwithstanding the fact that the owner took title to the subject
premises on March 17, 1983; and that the order should be modified
to provide that the owner is only obligated to refund overcharges
actually collected from March 17, 1983 until January 27, 1986,
the date when the tenant purchased the apartment.
There is no evidence in the record indicating any collusion
or relationship between the former and current owners.
DOCKET NO.: AJ 210050 RO
After careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be granted.
9 NYCRR 2526.1(f) provides, in pertinent part, that for
overcharges collected prior to April 1, 1984, an owner will be
held responsible only for its portion of the overcharges, in the
absence of collusion or any relationship between such owner and
any prior owners; and that for overcharges collected on or after
April 1, 1984, a current owner shall be responsible for all
overcharge penalties, including penalties based upon overcharges
collected by any prior owner.
Applying the above-mentioned provisions to the instant
proceedings the Commissioner finds that the District Rent
Administrator's order should be modified to provide that the
prior owner is responsible for the overcharges collected from
June 1, 1982 through March 1983 totalling $1900.30. This
finding is without prejudice to any action that the current owner
may have against the prior owner for overcharges reimbursed by
the current owner which the prior owner had collected.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this administrative appeal be, and the same
hereby is, granted and that the order of the District Rent
Administrator be, and the same hereby is, modified as provided
JOSEPH A. D'AGOSTA