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 610156-RT
:
DRO DOCKET NO.: 43464
RUTH EVANS PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 12, 1986 the abovenamed petitioner tenant filed a
Petition for Administrative Review against an order issued on
October 15, 1986 by the Rent Administrator of the Tenant Objection
Unit concerning the housing accommodations known as 3470 Cannon
Place, Apartment J43, Bronx.
The herein appealed order of the Rent Administrator dismissed the
tenant's objection to the 1984 registration and complaint of
overcharge based on the fact that the rent of $246.00 had been
established by an order issued on March 25, 1983 by the City
Department of Housing and Preservation and Development (HPD) under
Article 15 of the Private Housing Finance Law.
The order also contains a statement that the owner had submitted a
copy of the 1984 registration.
In her petition the tenant, among other things, alleges that the
owner did not, in fact, register the apartment for 1984.
The Commissioner notes that the records of this agency indicate
that the owner did not file an apartment registration for 1984 but
did for subsequent years.
The Commissioner is of the opinion that the petition should be
denied.
Even though a registration was not filed for 1984 it is immaterial
to this proceeding.
Failure to file an initial registration prevents the owner from
collecting subsequent rent increases until the violation is cured
and the penalty prospective lifted. Here the rent had been set by
HPD prior to April, 1984 so there were no overcharges.
If the tenant was dissatisfied with the rent her remedy was a
court proceeding under Article 78 against HPD rather than a
complaint to this agency.
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