AR Docket Nos. ARL 11709 N
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.: ARL 11709 N
DRO DOCKET NO.: FTC-84-100
TENANT: MARION LAPIANA
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner timely filed a Petition for
Administrative Review against an order issued on June 25, 1986,
by the Rent Administrator at 50 Clinton Street, Hempstead, New
York, concerning housing accommodations known as apartment number
1-R at 190 West Merrick Road, Freeport, New York, wherein the
Administrator established the stabilized rent and directed the
owner to refund $3,110.68.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the evidence relevant
to the issues raised in the administrative appeal.
The issue in this appeal is whether the owner's providing a copy
of the prior tenant's lease to the complaining tenant after the
issuance of the Administrator's order furnishes a basis upon which
the Administrator's order should be modified or reversed.
This proceeding was originally commenced in 1984, by the filing of
a rent overcharge complaint by the tenant.
The owner failed to answer said complaint.
In the appealed order, the Administrator employed a default
procedure to determine the tenant's legal rent. The net effect of
that procedure was that the tenant's initial rent was reduced to
the rent one would reasonably expect the prior tenant had paid.
This was calculated by reducing the tenant's actual initial rent
by one guideline increase and vacancy allowance. Thereupon, the
Administrator calculated the above noted refund and directed the
owner to pay the same to the tenant. Further, the Administrator
directed that this rent reduction would remain in effect until the
owner served the tenant with a copy of the prior tenant's lease
and filed an application with the Division to restore the rent.
In the petition, the owner asserts that, as per the
Administrator's order, the owner has sent the tenant a copy of the
prior tenant's lease.
AR Docket Nos. ARL 11709 N
The tenant filed an answer opposing the Petition.
The Commissioner is of the opinion that the Petition should be
denied; the owner asserts no basis therein for reversing or
modifying the order below.
The Commissioner notes that this order and opinion is issued
without prejudice to the owner's filing an application to restore
the rent, in accordance with the Administrator's order.
This order may, upon the expiration of the period in which the
owner may institute a proceeding pursuant to Article Seventy-eight
of the Civil Practice Law and Rules, be filed and enforced by the
tenant in the same manner as a judgement.
Moreover, in light of the fact that the Division's records
indicate that the tenant may no longer be occupying the subject
apartment by virtue of the fact that the subject building may have
been converted to cooperative ownership, a copy of this order and
opinion is being sent to the present occupant of the subject
apartment . The Commissioner advises the owner to update the
registration statement for the subject apartment (if it has not
already been done ) to reflect the change in occupancy and the
stabilized rent determined in the Administrator's order and
THEREFORE, pursuant to all of the applicable statutes and
regulations, it is
ORDERED, that this Petition be, and the same hereby is denied and
that the Administrator's order be and the same hereby is affirmed.
JOSEPH A D'AGOSTA
Acting Deputy Commissioner