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 410415-RO
PATRICK CONSALVAS DRO DOCKET NO.: L 3110920-R
ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
On October 21, 1986 the abovenamed petitioner owner filed a Petition for
Administrative Review against an order issued on September 18, 1986 by the
Rent Administrator of the Columbus Circle District Rent Office concerning
the housing accommodations known as 254 Park Avenue South, Apartment 12B,
The tenant, Scott Berry, who took occupancy on April 1, 1980 pursuant to a
1 year lease at rent of $763.00, filed a complaint of overcharge on March
The herein appealed order of the Rent Administrator established an initial
stabilized rent of $564.38 by a default procedure based on a finding that
the owner had failed to submit a complete rental history and directed a
refund of $5759.29 including interest.
The owner has alleged throughout this proceeding that he in fact, has
submitted a full rental history in that the apartment first became subject
to stabilization because of benefits under the J-51 program on September
28, 1978 and that leases back to October 1, 1978 have been submitted.
The owner submitted, to the Administrator and on appeal, a copy of a
Temporary Certificate of Occupancy (altered building) applicable to the
5th through 13th floors and penthouse and issued September 28, 1978.
The Commissioner is of the opinion that the proceeding should be remanded
for further processing.
The owner had submitted evidence indicating that, although it was an old
building, this may have been a new apartment with a 1978 base date. He
should not, therefore, have been defaulted without further inquiry.
On remand the Administrator should reexplore the physical and rental
history of the building and apartment by whatever means are found useful
including requesting additional Department of Buildings documentation,
affidavits from architects and contractors, etc. On which the tenant
should be permitted to comment.
DOCKET NUMBER: AJ 410415-RO
THEREFORE, pursuant to Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted to the
extent of remanding this proceeding to the Rent Administrator for further
processing in accord herewith. The order of the Rent Administrator is
revoked. The tenant in occupancy may pay any arrears arising herefrom in
24 equal monthly installments.