BA 110172-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.: BA 110172-RO
Chestnut Realty Company, DISTRICT RENT OFFICE
DOCKET NO.: Q-3121727-R
PETITIONER Tenant: Juana Ruiz
------------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
REVOKING THE ADMINISTRATIVE ORDER AND MODIFYING
A SUBSEQUENT ADMINISTRATIVE ORDER
On January 5, 1987 the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
December 5, 1986 by a Rent Administrator concerning the housing
accommodations known as 1012 Nameoke Street, Far Rockaway,
New York, Apartment No. 3B, wherein the District Rent
Administrator determined that the owner had overcharged the
tenant.
The Commissioner notes that this proceeding was filed 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, reference to Sections of the Rent
Stabilization Code (Code) contained herein are to the Code in
effect on April 30, 1987.
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.
This proceeding was originally commenced on February 4, 1984 by
the filing of a rent overcharge complaint by the tenant, in which
the tenant stated that she had moved into the apartment on
October 24, 1982 at a rental of $350.00 per month.
The owner was served with a copy of the complaint on November 13,
1984 and was directed to submit complete copies of the lease
history from the base rent date.
In the order issued on December 5, 1986 the Administrator found
that the owner had defaulted on its obligation to provide
complete copies of leases or rent records from the base date
pursuant to Section 42A of the Code. Therefore, the
Administrator established the legal regulated rent according to
the default method authorized under Section 42A.
BA 110172-RO
In its petition, dated July 5, 1987, the owner contends that the
order was a duplicate of order #TC-072481-G, which had
officially recorded the "settlement" of the action on July 11,
1986, and which had resulted in a credit to the tenant's accounts
for the overpayments. The owner also contends that it informed
the DHCR of the settlement in the answer to the present
complaint. In fact, the petition continues, the DHCR was
informed on December 1, 1984 that the present action was a
duplicate of the earlier one. Attached to the petition is a copy
of a letter to the tenant, dated July 11, 1986, in which the
owner states the terms of settlement, and a return receipt for
certified mail delivery to the DHCR on July 15, 1986.
In her answer, in English, the tenant states that she does not
understand the owner's petition. The answer does not dispute any
of the owner's claims.
The Commissioner is of the opinion that this petition should be
granted.
The owner's petition dated January 5, 1987, correctly asserts
that a second overcharge proceeding that was filed by the same
tenant was a duplicate of the instant proceeding. However, the
owner mistakenly claims that the DHCR had issued a prior order,
when in fact the duplicate order, TC-72481-G, was issued on March
17, 1987, which is after the issuance date of the order reviewed
in this opinion. It is further noted that, whereas the subject
order declares that the owner defaulted, the order in the
duplicate proceeding states that it submitted a complete rental
history of the subject apartment. Furthermore, although nearly
identical overcharges were found in both orders, the owner's
claim that it fully credited the tenant for all overpayments is
never denied by the tenant. In view of the fact that the DHCR
has independently found that the owners had submitted a complete
rental history, in an order that was not appealed, the
Commissioner is revoking the order that was based on the owner's
default. In addition, the subject order is hereby adjusted to
reflect the refund of all overcharges to the tenant.
It is noted that the subject tenant has vacated the premises,
leaving no forwarding address. A copy of this order and opinion
and of the DHCR order of March 17, 1987 are being forwarded to
the current occupant.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that the owner's petition be and the same hereby is,
granted; that the Administrator's order under Docket Number Q
3121727-R be and the same hereby is revoked, and that the
Administrator's order under Docket Number TC-72481-G be and the
same hereby is modified in accordance with this order and
opinion.
ISSUED:
BA 110172-RO
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
|