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
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. BA 410016 RT
: DRO DOCKET NO. 36836
M. BLUM
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 22, 1987, the above-named petitioner-tenant filed
a Petition for Administrative Review against an order issued on
December 23, 1986, by the Rent Administrator, 10 Columbus Circle,
New York, New York, concerning the housing accommodations known as
251 West 101st Street, New York, New York, Apartment No. 4B,
wherein the Rent Administrator determined the tenant's objection
to the owner's registration.
The Administrative Appeal is being determined pursuant to the
provisions of Sections 2520.6(r), 2528.2 and 2528.4 of the Rent
Stabilization Code.
The issue herein is whether the Rent Administrator's order
was warranted.
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 commenced these proceedings by filing a complaint
stating that a copy of the 1984 Apartment Registration (RR-1 form)
had not been received by him and that the said Registration was
not posted in the building.
On October 6, 1986, a notice was sent to the tenant asking
whether the registration had been furnished by the owner. In
response, the tenant stated that the Apartment Registration form
had been received and for the first time stated that the rent
listed was in excess of the legal rent.
Based on a finding that the tenant acknowledged receipt of
the Apartment Registration (RR-1 form), the Rent ADministrator
terminated the proceeding. The Administrator directed, however,
that "any rent increase by the Guidelines, demanded and collected
by the owner between April 1, 1984, and the date tenant received
the copy of the registration must be refunded to tenant, providing
the copy of the registration was received after June 30, 1984,"
and that the Building Registration Form (R-3) and the Spanish BA
410016 RT
translation (R-4) must be posted in a public area available to all
tenants.
In this petition, the tenant alleges in substance that his
overcharge complaint should have been determined on the merits.
The Commissioner is of the opinion that this petition should
be denied.
The record shows that the tenant's original complaint stated
that a copy of the 1984 Apartment Registration had not ben
received and that the said Registration was not posted in the
building. No issue of rent overcharge was raised in said original
complaint. The record further shows that the tenant later
acknowledged receipt of the apartment registration but did not
state when such Registration was received by him and did not
establish that he reaised the issue of a rent overcharge within
ninety days of receiving the Registration as required.
Accordingly, the Administrator correctly terminated the
proceeding without deciding the tenant's later rent overcharge
contention.
In addition it is noted that the owner filed a petition
against the Rent Administrator's order to the effect that the
owner was not notified of the proceeding. Such petition was
denied on June 21, 1990 under docket BA 410204 RO on the basis
that the owner was not adversely affected by the Administrator's
order.
This Order and Opinion is issued without prejudice to the
tenant's right to file a rent overcharge complaint, if the facts
so warrant.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED
ELLIOT SANDER
Deputy Commissioner
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ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: BA 410016 RT
DRO Docket No/Order No.: 36836
Tenant(s): M. Blum
Owner: Sydney L. Small
Code Section: 2520.6(r) of RSC
Premises: 251 West 101st STreet, New York, NY, Apt. 4B
Order and Opinion Denying Petition
Petition denied on basis that in tenant's original complaint,
he did not raise issue of a rent overcharge.
APPROVED:
Processing Attorney:
Supervising Attorney:
Bureau Chief:
Deputy Commissioner:
Mailed copies of Order and Determination to:
Tenant(s)
Owner
Tenant's Atty
Owner's Atty
Date: : by
signature
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