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.: AK 410094-RT
DRO DOCKET NO.: ZL 004274-R
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 18, 1986 the above-named petitioner-tenant filed a Petition
for Administrative Review against an order issued on October 16, 1986 by
the Rent Administrator, 92-31 Union Hall Street, Jamaica, New York
concerning the housing accommodation known as 133 East 17th Street,
Apartment 6D, New York, new York wherein the Administrator found an
overcharge of $1,205.67 inclusive of excess security and interest on the
overcharge collected on or after April 1, 19 84.
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 in the administrative appeal.
The tenant initiated this proceeding on October 11, 1985 by filing a
complaint of rent overcharge. The tenant stated she was currently
occupying the subject apartment pursuant to a one year renewal lease
commencing October 1, 1985 and terminating September 30, 1986 at a monthly
rent of $740.62.
A copy of the complaint was served on the owner who did not respond.
On October 16,1986, the Administrator issued the order here under review.
Relying on the 1984 registered rent, the Administrator found that an
overcharge had been collected and directed the owner to refund overcharges
of $1,205.67 inclusive of excess security and interest on the overcharge.
In the appeal, the tenant contends that there are three errors in the
Administrator's overcharge calculation:
1) the lease at issue is a two year lease, not a one year lease; the rent
being paid is a greater amount than was considered by the Administrator,
(included with the appeal is a copy of a two year lease to support the
tenant's argument), 2) the calculation did not include the overcharges
paid in October, and 3) the interest accrued was not calculated
accurately. Therefore, the tenant contends that the overcharge should be
recalculated to determine the correct amount to be refunded and the
Administrator's order should be modified to reflect the recalculation.
DOCKET NUMBER: AK 410094-RT
Although afforded the opportunity to do so, the owner did not respond to
After careful consideration, the Commissioner is of the opinion that this
petition should be denied.
Pursuant to Code Section 2529.6 of the scope of review of a PAR is limited
to facts or evidence which were before the Rent Administrator unless the
petitioner establishes that certain facts or evidence which the petitioner
seeks to submit on appeal could not have been offered or included in the
proceeding prior to the issuance of the order being appealed.
The proceeding before the Administrator was based on the petitioner's
complaint in which the petitioner stated the term of the extant lease and
the rent being paid. The Administrator relied on data provided by the
petitioner. The petitioner has offered no reason for the need to amend
the complaint or the delayed submission of the lease.
Accordingly, the Commissioner finds no error in the Administrator's
reliance on the complaint filed by the tenant.
Similarly, with respect to the omission of the October overcharge, the
period through September 1986 was submitted for consideration to the
Administrator. However, the order directs the owner to roll back the rent
and to make full refund of any rent paid in excess of the lawful
stabilized rent as established in the order. Therefore, the Commissioner
find no error in the time period specifically covered.
Regarding the calculation of accrued interest, the applicable rate of
interest is the statutory rate, 9% per annum. On this basis, the
Commissioner has recalculated the accrued interest and finds no error in
the Administrator's calculation.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied and the
Rent Administrator's order be, and the same hereby is, affirmed.