AK 110138 RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: AK 110138 RO
ASHICK AND SHOLAHA HOSEIN,
DRO DOCKET NO.: Q 3108528 R
PETITIONERS
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND
REMANDING PROCEEDING ON APPEAL
On November 10, 1986 the above-named petitioner-owners filed a
Petition for Administrative Review against an order issued on
October 21, 1986 by the Rent Administrator, 10 Columbus Circle,
New York, New York concerning housing accommodations known as
14-44 31st Avenue, Long Island City, New York, Apartment 3R.
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 on March 29, 1984 by the
tenant filing a complaint of rent overcharge. The tenant
indicated that she took occupancy of the subject apartment
pursuant to a lease commencing June 1, 1979 and expiring May 31,
1980 at a monthly rent of $250.00 and asserted that the prior
tenant was rent controlled.
The owners were served with a copy of the complaint and directed
to submit a complete rental history. In response, the owners
submitted copies of leases dating from June 1, 1979 and stated
that the subject apartment was vacant when they took title on
March 9, 1979 (the date of the closing) and that the prior owner
did not disclose the rental history of the subject apartment.
The owners were subsequently directed to submit documentation to
substantiate the base date for the subject apartment. In
response the owners stated, among other things, that they did not
have either the DC-2 Notice (Notice of Initial Legal Regulated
Rent) or the report of statutory decontrol for the subject
apartment.
In Order No. CDR 24,949 the Rent Administrator established the
lawful stabilized rent based on the owner's failure to submit a
complete rental history for the subject apartment and directed a
AK 110138 RO
refund of $2,393.88, including interest on overcharges collected
after April 1, 1984, to the tenant.
In their petition, the owners contend, in substance, that they
did submit a complete rental history of the subject apartment to
the Division of Housing and Community Renewal (DHCR), that the
tenant failed to raise an overcharge complaint until 1984 and
failed to document the prior tenant's alleged status and rental,
that the Rent Administrator's computations are incorrect and that
there is no overcharge.
In response, the tenant asserts, among other things, that the
owner did not submit a complete rental history as requested and
maintains that the prior tenant was rent controlled.
The Commissioner is of the opinion that this petition should be
granted and that the proceeding should be remanded so that the
tenant's complaint can be processed as a fair market adjustment
application rather than a rent overcharge complaint.
In the original overcharge complaint the tenant alleged in effect
that she is the first rent stabilized tenant in the subject
apartment. Further, the owners have advised the DHCR that they
are unable to provide either proof of decontrol of the subject
apartment or proof of service of the DC-2 notice on the first
rent stabilized tenant. Therefore, the tenant's complaint must
be treated as a fair market rent adjustment application since in
her complaint she was questioning the initial legal regulated
rent.
Accordingly, this proceeding is being remanded to treat the
tenant's complaint as a fair market rent adjustment application
filed prior to April 1, 1984. All parties are to be notified and
given a chance to submit any evidence deemed necessary in such
remanded proceeding.
THEREFORE, in accordance with the 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 accordance with this
order and opinion. The automatic stay of so much of the Rent
Administrator's order as directed a refund is hereby continued
until a new order is issued upon remand. However, the Rent
Administrator's determination as to the rent is not stayed and
shall remain in effect, except for any adjustments pursuant to
lease renewals, until the Rent Administrator issues a new Order
upon remand.
ISSUED:
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ELLIOT SANDER
Deputy Commissioner
AK 110138 RO
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