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.: BE210259RO
100 Ocean Parkway Associates, DRO DOCKET NO.: K3103903R
TENANT: Paul D. Goldstein
ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
On May 19, 1987, the above-named owner filed a Petition for
Administrative Review against an order issued on April 16, 1987, by a
Rent Administrator concerning the housing accommodations known as 100
Ocean Parkway, Brooklyn, New York, Apartment No. 1B, wherein the Rent
Administrator determined that the owner had defaulted in its obligation
to provide the requisite rental history.
The Administrative Appeal is being determined pursuant to the provisions
of Section 2526.1 of the Rent Stabilization Code.
The issue herein is whether the Rent Administrator's order finding the
owner in default 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.
This proceeding was originally commenced by the filing on March 30, 1984
of a rent overcharge complaint by the tenant.
In answer to the tenant's complaint, the owner submitted rent records
dating back to April 1, 1980.
In Order Number K3103903R, the Rent Administrator determined that, due
to the owner's failure to submit the requisite rental history, the base
rent and subsequent lawful stabilization rents were based on the Section
42A default procedure, effecting a rent overcharge $7,885.76, including
excess security and interest on that portion of the overcharge occurring
on and after April 1, 1984.
In this petition, the owner requests reversal of the Rent
Administrator's order and contends in substance that, among other
things, the complainant tenant was the first rent stabilized tenant to
occupy the subject apartment. Further, the owner contends that it did
not have the requisite documentation showing the date of decontrol which
it claims to be April 1, 1977.
The Commissioner is of the opinion that this petition should be remanded
so that the tenant's complaint can be processed as a fair market rent
adjustment application rather than a rent overcharge complaint.
In the instant case the evidence of the record, including statements
submitted by the owner, indicates that the subject apartment was rent
controlled immediately prior to occupancy by the tenant herein. Since
the tenant was therefore actually questioning the initial legal
regulated rent, the tenant's overcharge complaint must be processed as
a fair market rent adjustment application.
Accordingly, this proceeding is being remanded to treat the tenant's
complaint as a fair market rent adjustment application filed prior to
April 1, 1984. All parties are to be notified and given a chance to
submit evidence in such remanded proceeding.
THEREFORE, in accordance with the Rent Stabilization Law, it is
ORDERED, that this petition be, and the same hereby is, granted, to the
extent of remanding this proceeding to the District Rent Administrator
for further processing in accordance with this order and opinion. The
automatic stay of so much of the District Rent Administrator's order as
directed a refund is hereby continued until a new order is issued upon
remand. However, the Administrator's determination as to the rent is
not stayed and shall remain in effect, except for any adjustments
pursuant to lease renewals, until the Administrator issues a new order
JOSEPH A. D'AGOSTA