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
APPEAL OF ADMINISTRATIVE REVIEW
DOCKET NOS:ARL11269-N
10 Washington Realty Co. RENT ADMINISTRATOR'S
DOCKET NO. 47723
PETITIONERS
--------------------------------------x
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN
PART
On July 3, 1986 the above named petitioner filed a Petition for
Administrative Review against an order issued on June 2, 1986 by
the Rent Administrator, 10 Columbus Circle, New York, NY
concerning the housing accommodations Known as Apt. 3D, 10
Washington Street, Hempstead, N.Y. wherein the District Rent
Administrator determined that the legal regulated rent for the
subject apartment is $291.50 and amended the 1984 registration to
reflect this fact.
The issue in this appeal is whether the Administrator's
determination is incorrect.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issue raised by the administrative appeal.
The tenant (Else Buediger) commenced this proceeding on
September 27, 1984 by filing an objection to the registration
statement served on her by the owner on June 29, 1984. In the
objection the tenant claimed that the registered rent of $357.50
was not the legal rent. She submitted a copy of an order issued
on September 20, 1983 under docket number HEMPTA 83-36 reducing
the Initial Legal Regulated Rent form $325.00 per month to
$291.50 per month, for the lease term from July 1, 1982 to June
30, 1983 and directing the owner to refund $502.50 in
overcharges.
Docket No.ARL11269-N - 2 -
Based on the owner's failure to file an answer to the objection,
the Administrator determined that the legal regulated rent is
$291.50 per month on April 1, 1984.
In the petition for administrative review the owner asserts that
it did submit an answer on three occasions - on December 17, 1985
additional time to answer was requested and on December 23, 1985
and April 21, 1986 the owner advised that the same matter was
being considered under docket number HEMPTC 85-307. The owner
enclosed with the petition copies of these answers and of the
certified mail receipts showing when and to whom these documents
were mailed.
The Commissioner is of the opinion that the owner's petition
should be granted in part.
The prior proceeding on which the Administrator relied (HEMPTA
83-36) did not determine the April 1, 1984 rent. It did
establish the rent at $291.50 for the July 1, 1982 to June 30,
1983 lease term. The record indicates that the tenant renewed
her lease for a two year term commencing July 1, 1983 for which
a 10% increase pursuant to Tenant Protection Bulletin No. 34
would be applicable resulting in a rent as of April 1, 1984 of
$320.65. This is the amount that should have been registered by
the owner as the legal regulated rent on the 1984 registration
and the amount upon which subsequent rents should be computed.
Although the owner's submissions were apparently not received by
the Administrator, the Commissioner finds that this defect is
remedied by the consideration on appeal of the merits of the
owner's answer.
Therefore in accordance with the Emergency Tenant Protection Act
and Tenant Protection Regulations, it is
ORDERED that this petition be and the same hereby is granted in
part and the Administrator's order be and the same hereby is
modified to state that the rent for the subject apartment as of
April 1, 1984 was $320.65.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
|
