STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
------------------------------------X J.R. NO. 6466
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. AL210059RO
Roberto Labrador, : DISTRICT RENT OFFICE
DOCKET NO. K310059R
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
UPON RECONSIDERATION PURSUANT TO JUDGEMENT OF COURT
On December 11, 1986, the above-named petitioner-owner filed an
appeal against an Order issued on November 14, 1986, by a Rent
Administrator concerning the housing accommodations known as 794
President Street, Brooklyn, New York, Apartment No. 2L.
On May 1, 1992 the Commissioner issued an Order and Opinion denying
the petitioner's appeal.
Subsequent thereto, the petitioner-owner filed a petition in the
Supreme Court pursuant to Article 78 of the Civil Pratice Law and
Rules requesting that the Order of the Commissioner be annulled.
The proceeding was then remitted to the Division of Housing and
Community Renewal, Office of Rent Administration, for further
consideration. The owner was requested to submit proof showing
that the owner occupied the subject apartment for the period August
31, 1982 dating back to at least April 1, 1980, which was to be
used as a basis in determining herein whether the Administrator's
finding the owner in default was warranted. In response, the owner
submitted affidavits from the superintendent and the tenant of
apartment 2R since 1976 that the owner herein occupied the subject
apartment from 1978 until the tenant herein moved to the subject
apartment in 1982. Further the owner submitted among other thing
elementary school records showing his son listed the subject
apartment or his residence from 1978 to June 1872.
The Commissioner is of the opinion that this petition should be
Since sufficient proof was submitted to the DHCR in support of
the owner's contention that it occupied the subject apartment for
the period August 31, 1982 dating back to at least April 1, 1980,
the base rent date for the subject apartment in the instant case
is established as September 1, 1982, the commencement date of the
first tenancy since April 1, 1980.
Since the owner provided a rental history dating back to September
1, 1982 in the proceeding before the Rent Administrator
substantiating the base rent, the Administrator's application of
the default proceedure in establishing the base rent was not
Further, based on the foregoing, there were no overcharges to the
tenant for the period September 1, 1982 through August 31, 1983
used in the Rent Administrator's calculations since the rent
charged for the lease covering the same period was properly
established as the base rent.
Accordingly, the Rent Administrator's order must be revoked.
If the owner has already complied with the District Rent
Administrator's orderr 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 24 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 provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and the
same hereby is, granted and, that the order of the Rent
Administrator be, and the same hereby is, revoked.
JOSEPH A. D'AGOSTA