AL 410116 RT
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. AL 410116 RT
: DISTRICT RENT OFFICE
Paul Nassar, DOCKET NO. L-3115157-R
TENANT: M. Melohn
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 5, 1986, the above-named tenant filed a Petition for
Administrative Review against an order issued on November 5, 1986, by
the District Rent Administrator, 10 Columbus Circle, New York, New York,
concerning the housing accommodations known as 100 Riverside Drive,
New York, New York, Apartment No. 7A, wherein the District Rent
Administrator determined that the owner had overcharged the tenant.
The Commissioner notes that this proceeding was filed to prior April 1,
1984. Sections 2526.1(a)(4) and 2521.1(d) of the Rent Stabilization
Code (effective May 1, 1987) governing rent overcharge and fair market
rent proceedings, provide that determination of these matters must be
based upon the law or code provisions in effect on March 31, 1984.
Therefore, unless otherwise indicated, reference to sections of the Rent
Stabilization Code (Code) contained herein are to the Code in effect on
April 30, 1987.
This proceeding was commenced on March 22, 1984, by the tenant's filing
of a fair market rent adjustment application and a rent overcharge
complaint, with the New York City Conciliation and Appeals Board, the
agency formerly charged with enforcing the Rent Stabilization Law.
In Order Number CDR 25,745 issued November 5, 1986, the District Rent
Administrator determined that the owner had overcharged the tenant since
February 1, 1982 (thus finding no overcharge under the tenant's first
(1977) lease).
In appealing that determination the tenant faults the Administrator for
not finding an overcharge in that first lease (and in all subsequent
leases).
At approximately the time that this petition was filed, the owner also
appealed the determination of overcharge, in a petition docketed at
AL 410116 RT
number AL 410194 RO. In responding to that petition the tenant argued,
as here, that his initial rent had been excessive. The Commissioner has
since determined that appeal in an order issued on January 9, 1990,
concluding (a) that the Administrator erred in finding a post-1982
overcharge and (b) that the tenant's application for a fair-market rent
adjustment was untimely filed, so as to bar him from applying for a
reduction in the initial regulated rent.
The Commissioner is of the opinion that the tenant's instant petition
should be denied. In his fair-market rent adjustment application,
petitioner stated that the owner had served him with an Initial Legal
Regulated Rent Notice in February of 1977. Since he did not file the
aforementioned application within 90 days after receiving that Notice,
the tenant is barred from applying for a reduction in the initial
regulated rent pursuant to Section 25 of the previous Rent Stabilization
Code. Thus the Commissioner cannot now entertain his contention that
the initial legal rent was excessive.
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 order of the Rent Administrator be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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