ADM. REVIEW DOCKET NO.: AL 410032 RT
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.: AL 410032 RT
: DRO DOCKET NO.:
LAWRENCE MENTZ AND AA 400390 R
BARBARA MENTZ PETITIONERS : Owner: Wonforo Associates
------------------------------------X c/o Murray Cooper, Agent
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On December 10, 1986, the above named petitioner-tenants
filed a Petition for Administrative Review against an order issued
on November 24, 1986, by the Rent Administrator at Gertz PLaza,
Jamaica, New York, concerning housing accommodations known as
Apartment No. 2-B at 140 West 86th Street, New York, New York,
wherein the Administrator terminated the proceeding instituted by
the tenants' overcharge complaint, finding no overcharges.
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.
This proceeding was originally commenced on December 31,
1985, by the filing of a complaint of rent overcharge by the
The owner submitted an answer in response to the complaint.
With that answer, the owner submitted documentation in support of
its allegation that it had mailed the tenants a copy of the
initial registration statement on June 25, 1984.
In the order below the Administrator found that the owner had
served the tenants with a copy of the 1984 rent registration and
the tenants had not filed a timely objection thereto. The
Administrator further found that using that initial registered
rent as a base for calculating all future Guidelines increases, no
overcharges had been collected.
In their Petition, the tenants deny that no timely objection
to the initial registered rent was filed and they note that they
had filed both a rent overcharge complaint and Fair Market Rent
Appeal (FMRA) in March of 1984. The tenants note that said
proceedings as of the date of their Petition had not been
determined. The tenants therefore ask that the Administrator's
order be revoked.
Although afforded an opportunity to do so, the owner has not
interposed an answer to the tenants' Petition.
ADM. REVIEW DOCKET NO.: AL 410032 RT
The Commissioner is of the opinion that the Petition should
be granted and that the Administrator's order should be revoked.
The Commissioner finds that the Division's records show that
on March 13, 1984, the tenants had filed both a FMRA and
overcharge complaint with the New York City Conciliation and
Appeals Board (CAB, the agency formerly charged with enforcing the
Rent Stabilization Law). The Commissioner further finds that one
docket number, Docket # L- 3115008 R/T had been assigned to both
of those proceedings; that on September 19, 1984, the tenants
filed a timely objection to the initial registration statement
indicating that their objection constituted an overcharge
complaint and FMRA; that Docket # 30624 was assigned to that
Objection; and that by an order issued on June 17, 1986, the
Administrator merged the proceeding assigned Docket 30624 into the
proceedings assigned Docket # L-3115008 R/T and that on December
28, 1989, the Administrator issued an order denying the tenants'
FMRA, finding that commencing with the tenants' July 1, 1981 to
June 30, 1984 renewal lease, the owner had overcharged the tenants
and directing the owner to refund $2,350.59 in overcharges,
including treble damages from April 1, 1984. The Commissioner
notes that the owner filed a PAR (which was assigned Docket # EB
410004 RO) against that December 28, 1989 order; and that at or
about the time of the issuance of the instant order and opinion,
the Commissioner is issuing an order and opinion denying the
owner's PAR under Docket # EB 410004 RO.
The Commissioner therefore finds that the Administrator's
order of November 24, 1986 was issued in error and should be
THEREFORE, pursuant to the Rent Stabilization Law and Code,
ORDERED, that this Petition be, and the same hereby is
granted; and that the Administrator's order be, and the same
hereby is revoked in accordance with this order and opinion.