DOCKET NO.: AL 410666 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 410666 RO
Abington Holding Co. Owner DRO DOCKET NO. CDR
27,527
TENANT: Renate Uhlig
PETITIONER
------------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On December 29, 1986, the above-named owner filed a Petition for
Administrative Review against an order issued on November 24,
1986 by the Rent Administrator, 10 Columbus Circle, New York, New
York concerning the housing accommodation known as 425 East 80th
Street, apartment 4A, New York, New York wherein the
Administrator established the legal stabilized rent and directed
the owner to roll back the rent and to refund $28,093.50
inclusive of excess security and treble damages on the overcharge
occurring on or the after April 1, 1984.
The Commissioner notes that this proceeding was initiated prior
to 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 be based upon the law or code
provisions in effect on March 31, 1984. Therefore, unless
otherwise indicated, any reference in this order and opinion to
Sections of the Rent Stabilization Code is to the Code in effect
on April 30, 1987, and this proceeding is being determined in
accordance therewith.
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 petition for review.
DOCKET NO.: AL 410666 RO
On March 8, 1984, the subject tenant filed a complaint of rent
overcharge with the New York City Conciliation and Appeals Board
("C.A.B."), the agency formerly charged with enforcement of the
Rent Stabilization Law.
On April 1, 1984 responsibility for the administration of rent
stabilization in New York City was transferred to the New York
State Division of Housing and Community Renewal.
On August 14, 1984, the D.H.C.R. served a copy of the tenant's
complaint upon the owner and demanded that the owner submit
copies of all leases or rent ledgers in effect since the
apartment's base date (i.e., the date that the apartment became
subject to rent stabilization).
On July 10, 1986, a final notice of Pending Default which advised
the owner of its default and of the procedure to be employed if
the default continued, was sent to the owner.
There is no record of an owner response to either notice.
However, there is a full set of leases in the record
In the order issued on November 24, 1986, the Administrator
applied approved procedures pursuant to section 42A and
established the legal stabilization rent at $757.77 as of October
31, 1987 and directed the owner to refund an overcharge of
$28,093.50 inclusive of excess security and treble damage on the
overcharge occurring on or after April 1, 1984.
In its appeal, the owner, in seeking to revoke the order,
contends there is no overcharge and that it did submit a full
rental history. The owner asserts that the base date of the
subject apartment, subject to the Rent Stabilization Law by
virtue of its status as a participant in the J-51 tax abatement
program, is April 1976. Included with the appeal is a copy of
the certificate of approval of reasonable cost and certificate of
occupancy dated March 4, 1976 and a rent chart showing the rent
on the base date and changes in the rent subsequent thereto.
The owner asserts that no overcharge occurred and since there
was no overcharge, there was no basis in the assessment of treble
damages.
The tenant contends that the owner has not provided a rental
history despite her request and notices from the DHCR; therefore
the petition should be denied.
The Commissioner is of the opinion that this petition should be
DOCKET NO.: AL 410666 RO
granted.
Review of the record reveals a full set of leases for the subject
apartment from its base date of April 15, 1976. Each of the
lease rents is in accord with relevant rent Guidelines Board
Orders. Accordingly, the Commissioner finds there was no default
and that no overcharge occurred.
There Commissioner notes that the complainant has vacated the
subject apartment and that the apartment's J-51 status expired in
June 1989.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, granted
and the Rent Administrator's order be, and the same hereby is,
revoked.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
|
