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.:
KRAUS MANAGEMENT, DRO DOCKET NO.:
PETITIONER TENANT: JOY S. FAIRTILE
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On December 1, 1986, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
October 27, 1986, by the Rent Administrator, 10 Columbus Circle,
New York, New York, concerning the housing accommodations known
as 135-04 Jewel Avenue, Kew Gardens Hills, New York, Apartment
1-A, wherein the Rent Administrator determined that the owner had
overcharged the tenant.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2526.1 of the Rent Stabilization Code.
The issue in this appeal is whether the Rent Administrator's
order was warranted.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issue raised by the administrative appeal.
This proceeding was originally commenced by the filing in March
1984, of a rent overcharge complaint by the tenant in which the
tenant stated that she first moved to the subject apartment on
August 15, 1982, at a rental of $417.17. per month.
In response to the tenant's complaint, the owner stated in
sub-stance that it was not able to submit a complete rental
history because the prior owner did not supply it with the base
date lease for this apartment, when it purchased the premises on
November 17, 1983. The owner submitted a rental history from May
Under Docket No. CDR 24,867, the Rent Administrator determined
that a rent overcharge of $1,853.33 had occurred through August
31, 1985, based on the owner's failure to submit a complete
In this petition the owner alleges in substance that it should
not be penalized for its failure to submit a complete rental
history, but that the rental history from April 14, 1977 should
The Commissioner is of the opinion that this petition should be
granted in part.
Section 42A of the former Rent Stabilization Code requires that
an owner retain complete records for each stabilized apartment in
effect from June 30, 1974 (or the date the apartment became
subject to rent stabilization, if later) and to produce such
records to the DHCR upon demand.
Since the instant case involves submission of a rental history
back to 1977 and in light of recent court decisions applicable in
this jurisdiction, the Commissioner is hereby granting the
specific relief requested by the petitioner. The Commissioner
deems it appropriate to utilize the rental history supplied by
the owner in determining the lawful stabilization rents.
Accord-ingly, the Commissioner has recalculated the lawful
stabilization rents and the amount of the rent overcharge based
on the rental history from May 1, 1977. The lawful stabilization
rents and amount of the rent overcharge are set forth on the
amended rent calculation chart attached hereto and made a part
Because this determination concerns lawful rents only through
August 31, 1985, the owner is cautioned to adjust subsequent
rents to an amount no greater than that determined by this order
plus any lawful increases and to register any adjusted rents with
this order and opinion being given as the explanation for the
If the owner has already complied with the Rent Administrator's
order and there are arrears due to the owner as a result of the
instant determination, the tenant shall be permitted to pay off
the arrears in twelve equal monthly installments. Should the
tenant vacate after the issuance of this order or have already
vacated, said arrears shall be payable immediately.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition for administrative review be, and the
same hereby is granted in part; and that the order of the Rent
Administrator be, and the same hereby is, modified in accordance
with this order and opinion. The lawful stabilization rents and
the amount of the rent overcharge are established on the attached
chart which is full made a part of this order. The amount of the
rent overcharge through August 31, 1985 is $149.49, including
interest on overcharges on or after April 1, 1984.