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 410510-RO
DRO DOCKET NO.: TC 077813-G
ASSOCIATES PETITIONER :
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On October 14, 1986, the above-named petitioner-owner filed a petition for
administrative review of an order issued on September 12, 1986, by the
Rent Administrator concerning the housing accommodation known as
Apartment 20C, 20 West 64th Street, New York, New York. The Administrator
found that the tenant had been overcharged.
The Commissioner has reviewed this record and carefully considered that
portion relevant to the issues raised by this appeal.
The tenant commenced this proceeding by filing a complaint of general rent
overcharge. The owner was advised to produce a full rental history. By
letter dated March 27, 1986 the owner advised the Administrator that the
complaining tenant (Koren Jones) was not the tenant of record. Petitioner
produced evidence that Julian Kaplan was the tenant of record and
purchased the apartment in 1985. The Administrator failed to investigate
this claim. Instead, petitioner was found to be in default. The
Administrator applied the procedures based on Section 42 of the former
Rent Stabilization Code. A total overcharge of $7,274.79 was calculated
including interest and excess security.
On appeal, the petitioner again raises the claim that Jones had no
standing to bring this complaint. Annexed to the petition are leases
which show that Julian Kaplan was in fact, the tenant of record during the
period in question. The tenant filed no response to the petition. After
careful consideration of the evidence in the record the Commissioner is of
the opinion that the petition should be granted.
Petitioner raised the issue of Jone's lack of standing to bring this
complaint before the Administrator. The Administrator had a duty to
investigate but did not do so. The petitioner submitted a complete rental
history to the Commissioner. That history shows that the complaining
tenant was never the occupant of the subject apartment. The complaining
tenant did not rebut the allegations and, in fact, has moved with no
forwarding address. The Commissioner accepts the owners offer of proof.
The Administrator's order is revoked.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
DOCKET NUMBER: AJ 410510-RO
ORDERED, that this petition be, and the same hereby is, granted and the
Rent Administrator's order be, and the same hereby is, revoked.