DOC. NO.: AL 210064-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. AL 210064-RO
                   79 BAY RIDGE ASSOCIATES,  :   DRO DOCKET NO.:
                                 PETITIONER  :            TC 079077-G
         ------------------------------------X

                        ORDER AND OPINION DENYING PETITION FOR
                     ADMINISTRATIVE REVIEW PETITION AND MODIFYING
                                ADMINISTRATOR'S ORDER

         On December 12, 1986 the above-named petitioner filed a Petition for 
         Administrative Review against an order issued on November 7, 1986 by 
         the Administrator, (Columbus Circle) concerning housing accommodations 
         known as Apartment E7, 7901 Fourth Avenue, Brooklyn, New York, wherein 
         the Administrator determined the tenant's overcharge complaint, 
         established the legal stabilized rent and order a refund.

         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 by the administrative appeal.

         This proceeding was originally commenced on November 3, 1983 by the 
         tenant filing an overcharge complaint with the former New York City 
         Conciliation and Appeals Board (CAB).

         The owner was served with a copy of the complaint and was requested to 
         submit rent records from the base date to prove the lawfulness of the 
         rent being charged.  In answer to the complaint the owner stated that 
         it acquired title to the premises on October 6, 1980; and that it did 
         not receive the base date lease of the subject apartment from the 
         prior owner.  The owner submitted an incomplete set of leases from 
         June 1, 1978.

         Based upon a finding that the owner failed to submit a complete rent  
         history the Administrator applied the Section 42A default procedures, 
         established the lawful stabilization rent at $364.52 per month and 
         ordered a roll back in the rent and a refund in the amount of 
         $4752.91, including interest for the period from April 1, 1984 through 
         May 31, 1987.



















          DOC. NO.: AL 210064-RO


         In this petition the owner asserts, in relevant part, that the 
         Administrator erred by reflecting overcharges through November 1986 
         since the then tenant had purchased the subject apartment on October 
         9, 1985.  The owner further alleges that it never received a copy of 
         the overcharge complaint.

         In answer to the petition, the tenant contends, in substance, that the 
         owner did receive a copy of the overcharge complaint because the owner 
         responded to the proceeding below but failed to submit a complete 
         rental history for the apartment.  The tenant further states, in 
         substance, that the subject apartment was converted to cooperative on 
         October 5, 1985.

         In response, the owner contends, in substance, that the prior occupant 
         was the first stabilized tenant after vacancy decontrol; and that it 
         had submitted said tenant's vacancy lease, and thus fully complied 
         with the DHCR request.  The owner further urges that it is not 
         required to submit proof of the date of decontrol since the Division 
         could ascertain same from their own records.

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

         Section 42A of the former Rent Stabilization Code requires that an 
         owner retains complete rent records for each stabilized apartment in 
         effect from June 30, 1974 (or the date the apartment became subject to 
         rent stabilization, if later) to date and to produce such records to 
         the DHCR upon demand.  If the apartment was decontrolled from the Rent 
         Control Law after June 30, 1974 the owner must provide proof of the 
         apartment's date of decontrol, and produce a rental history from the 
         date.
          
         A review of the record in the proceeding below discloses that the 
         owner failed to submit a complete rental history from the base date, 
         June 30, 1974.  The owner has failed to submit any evidence in the 
         form of a report of decontrol or any relevant document in order to 
         show the date when the apartment first became subject to Rent 
         Stabilization.  Nevertheless, a review of the Division records further 
         discloses that the subject apartment was decontrolled on September 25, 
         1972.  Thus, June 30, 1974 is the base date for the subject apartment.  
         Accordingly, the Commissioner is of the opinion and finds that the 
         Administrator properly found the owner in default and determined the 
         rent pursuant to default procedures.  However, in







         light of the tenant's confirmation, on appeal, that she purchased the 




          DOC. NO.: AL 210064-RO

         apartment on October 9, 1985, the Administrator's order should be 
         modified by limiting the overcharge for the period from June 1, 1981 
         to October 1, 1985, resulting in a lower total overcharge of $3337.84.

         This order, may upon the expiration of the period in which the owner 
         may institute a proceeding pursuant to Article Seventy Eight of the 
         Civil Practice Law and Rules, be filed and enforced by the former 
         tenant (Charlotte Krasman) in the same manner as a judgment for 
         $3337.84 against the owner, 7901 Bay Ridge Associates.

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

         ORDERED, that this petition be, and the same hereby is, denied; and 
         that the Rent Administrator's order be, and the same hereby is 
         modified by deleting such portion of overcharge computed after October 
         1, 1985 and by adjusting the total amount of overcharge from $4752.91 
         to $3337.84; and that as so modified said order be and the same hereby 
         is affirmed.

         ISSUED:

                                                                              
                                                 ELLIOT SANDER
                                                 Deputy Commissioner
          









    

TenantNet Home | TenantNet Forum | New York Tenant Information
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws
Disclaimer | Privacy Policy | Contact Us

Subscribe to our Mailing List!
Your Email      Full Name