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 610744-RO
DISTRICT RENT ADMINISTRATOR'S
2965 DECATUR REALTY, DOCKET NO. B 002721-R
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On December 26, 1986, the above-named owner timely refiled a petition for
administrative review of an order issued on July 11, 1986 by a District
Rent Administrator concerning housing accommodations known as 2965 Decatur
Avenue, Apartment 6C, Bronx, New York, wherein the Administrator
established that a rent overcharge occurred.
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 petition for review.
This proceeding was commenced on July 1, 1985 upon the filing of a
complaint of "rent overcharge and/or excess security deposit" by the
tenant. The tenant stated therein that she took occupan y under a one-
year lease on April 1, 1983. The tenant, among other things, made
specific complaints about the security deposit and interest.
On April 24, 1986 the Administrator requested that the tenant fill in the
gap in the rental history for the period of April 1, 1984 to March 31,
1985. No reply to this notice was received.
On May 8, 1986, the DHCR received the owner's answer. The owner contended
that no overcharge was alleged, and it responded to the specific
allegations in the tenant's complaint of excess security deposit only. No
lease history was supplied. Further, the owner alleged that the subject
apartment contains four rooms not three as stated by the tenant.
No further notices were sent to either party.
In the order here under review, the Administrator regarded the base rent
as the registered rent of $395.00, and assumed that the rent was in effect
until March 31, 1985. Accordingly, the Administrator determined that the
lawful stabilization rent should have been $418.70 from April 1, 1985
through March 31, 1986 and ordered a refund of $226.12 including interest
through March 31, 1986.
In its petition for administrative review, the owner repeats the
contention that no overcharge was alleged in the original complaint.
Assuming, arguendo, that an overcharge was alleged, the owner contends
DOCKET NUMBER: AL 610744-RO
that it was inadequately notified, denied an opportunity to respond and
denied due process. The owner alleges that no overcharge occurred and
produces a complete rental history. The owner agrees that the initial
lease expired on March 31, 1984. Further, it is contended that because
the initial registration was filed early by the owner, it reflected the
rent of the pre-April 1, 1984 lease. In addition, the owner contends that
the tenant never executed the renewal lease until July 1984 and submits a
lease extension offer as documentation. The owner contends that the rent
paid and received was $410.80 for the period of April 1, 1984 to March 31,
The tenant interposed an answer to the petition for administrative review
in which he repeated his claim that the subject apartment contains three
After careful consideration, the Commissioner is of the opinion that this
petition should be granted.
A review of the record indicates that the notice sent to the owner was
inadequate. A reexamination of the entire record, now before the
Commissioner, indicates that the actual rent paid by the tenant and
received by the owner on April 1, 1984 was $410.80. From the undisputed
evidence presented by the owner, all increases from April 1, 1984 were
within appropriate rent guidelines.
The Commissioner notes that the issue of room-count is not relevant to
this overcharge proceeding.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted, and that
the Administrator's order be, and the same hereby is, revoked; and it is
FURTHER ORDERED, that if the owner has already complied with the
Administrator's order and there are arrears due to the owner as a result
of the instant determination, the tenant may pay off the arrears in
twenty-four equal monthly installments commencing with the next rent
payment date. Should the tenant vacate after the issuance of this order,
said arrears shall be payable immediately.