DOCKET NUMBER: BA 110412-RO
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. BA 110412-RO
DISTRICT RENT ADMINISTRATOR'S
DOCKET NO. Q 3118803-R
GROSVENOR ASSOCIATES PETITIONER :
ORDER AND OPINION REMANDING THE PROCEEDING TO THE RENT ADMINISTRATOR
On December 31, 1986 the above-named owner filed a petition for
administrative review of an order issued on December 16, 1986, by the
District Rent Administrator, 10 Columbus Circle, New York, New York,
concerning housing accommodations known as 105-55 62nd Drive, Apartment
3B, Forest Hills, New York, wherein the Administrator determined that an
overcharge had 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 by the petition for review.
This proceeding was commenced on February 20, 1984 upon the filing of a
complaint of rent overcharge by the tenant (Galina Benderski). The tenant
stated that she had never been presented with a lease history and
requested a complete rent review. The tenant had been an occupant of the
subject apartment since March 1, 1973, and provided a complete rental
history since that date.
On July 26, 1986, the Division of Housing and Community Renewal (DHCR)
received the owner's answer. Included were complete copies of all leases
from March 1, 1979 and other documents showing a rental history to March
1, 1986. The owner alleged that no rent overcharges had occurred.
In the order issued on December 16, 1986, the Administrator established a
lawful regulated rent of $350.77 and directed the owner to refund
$2,423.44 in overcharges including interest from April 1, 1984.
The petition for administrative review seeks reversal of the
Administrator's order. The owner repeats the contention that no
overcharges occurred. The owner further notes that no calculation chart
was included in the Administrator's order.
After careful consideration the Commissioner is of the opinion that this
proceeding should be remanded to the District Rent Administrator for
A review of the record indicates that the Administrator failed to include
a calculation chart in his order or to otherwise adequately explain the
basis for the determination. These omissions effectively deprived the
owner of his ability to make a reasoned challenge of the Administrator's
DOCKET NUMBER: BA 110412-RO
order in this petition for review. Therefore this proceeding must be
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this proceeding be, and the same hereby is, remanded to the
Rent Administrator for further processing in accordance with this order
FURTHERED ORDERED, that the automatic stay of so much of the District Rent
Administrator's order as directed a refund be, and the same hereby is,
continued until a new order is issued upon remand.
NOTE: The determination in the District Rent Administrator's order as to
the rent effective January 1, 1987 and thereafter was not stayed by the
filing of the instant petition for administrative review, and remains in
full force and effect until a new order is issued upon remand.