DOC.NO.: AK 110361-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


         ------------------------------------X
         IN THE MATTER OF THE ADMINISTRATIVE :   ADMINISTRATIVE REVIEW
         APPEAL OF                               DOCKET NO.: AK 110361-RO
                    BIST MANAGEMENT,         :   DISTRICT RENT ADMINISTRATOR'S
                             PETITIONER      :   DOCKET NO. TC 078404-G
         ------------------------------------X   TENANTS:  FRANK & CATHERINE WONG


             ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW


         On November 13, 1986, the above-named owner filed a petition for 
         administrative review of an order issued on November 5, 1986 by a 
         District Rent Administrator concerning the housing accommodations 
         known as 138-15 Franklin Avenue, Flushing, New York, Apt. 603.

         The Commissioner has reviewed all the evidence in the record and has 
         carefully considered that portion of the record relevant to the issues 
         raised by the petition for review.

         This proceeding was commenced on November 7, 1983 by the tenants' 
         filing of a general rent overcharge complaint with the New York City 
         Conciliation and Appeals Board (CAB), the agency then responsible for 
         the administration of rent stabilization in New York City.

         The tenants took occupancy of the subject apartment pursuant to a one- 
         year lease commencing October 1, 1978 and expiring on September 30, 
         1979 at a rent of $410.00.

         On December 13, 1983 the CAB sent the owner a copy of the tenants' 
         complaint with a request that it submit a complete rental history for 
         the subject apartment.

         In an answer dated January 16, 1984, the owner, by its agent, 
         asserted, in pertinent part, that the rent being charged was in 
         accordance with Rent Stabilization guidelines.

         On April  1, 1984 responsibility for the administration of rent 
         stabilization in New York City was transferred to the New York State 
         Division of Housing and Community Renewal.


















          DOC.NO.: AK 110361-RO

         A "Final Notice of Pending Default" was mailed to the owner on July 
         29, 1986 by the Division of Housing and Community Renewal (D.H.C.R.), 
         giving the owner another opportunity to provide the rental history for 
         the subject apartment.  The owner still failed to comply with the 
         D.H.C.R.'s request for a rental history, although it requested a copy 
         of the complaint.

         In the order reviewed herein, the Administrator found that the owner 
         had failed to submit a complete rental history, established the lawful 
         stabilized rent as of October 1, 1982 through September 30, 1985 at 
         $473.65 per month in accordance with the default procedure, and 
         computed total overcharges in the amount of $3,618.36 including excess 
         security and accrued interest from April 1, 1984.

         In its petition, the owner asserts that on August 15, 1986 it 
         requested a copy of the tenants' complaint from the D.H.C.R. but that 
         it never received a copy.  The owner requests that it be given an 
         opportunity to answer.

         After careful consideration, the Commissioner is of the opinion that 
         this petition should be denied.

         The record reveals that the CAB sent a copy of the tenants' complaint 
         to the owner on December 13, 1983, and that on January 17, 1984 the 
         CAB received an answer from the owner's then managing agent in which 
         it, among other things, specifically addressed the tenants' overcharge 
         complaint.  On July 29, 1986, the D.H.C.R. sent the owner a "Final 
         Notice of Pending Default" giving the owner another opportunity to 
         provide the rental history for the subject apartment, which the owner 
         failed to do.  Accordingly, the Commissioner finds that the 
         Administrator correctly issued the order herein appealed based upon 
         the owner's default.


         THEREFORE, in accordance with the provisions of the Rent Stabilization 
         Law and Code, it is

         ORDERED, that this petition be, and the same hereby is, denied,and 
         that the order of the Rent Administrator be, and the same hereby is, 
         affirmed; and it is











         FURTHER ORDERED, that Bist Management and Eilat Management shall 




          DOC.NO.: AK 110361-RO

         immediately refund to the tenants all amounts not yet refunded 
         representing overcharges, interest and excess security; and it is

         FURTHER ORDERED, that if Bist Management and Eilat Management have not 
         refunded the stated amounts as of the expiration of the time for 
         commencing a proceeding under Article 78 of the Civil Practice Law and 
         Rules for judicial review of this order, the tenants may recover such 
         amounts by deducting them from the rent due to the owner at a rate not 
         in excess of twenty percent of the amount to be refunded for any one 
         month's rent.  If, after such period, the owner has refunded no such 
         amounts and the tenants have not made any such deductions from their 
         rent as an offset, then the tenants may file and enforce a certified 
         copy of this order as a judgment for the amount of $3,618.36 against 
         Bist Management and Eilat Management, jointly and severally.

         ISSUED:

                                                                              
                                                 ELLIOT SANDER
                                                 Deputy Commissioner


                                                   








    

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