BC 510588 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.: BC 510588 RO
DISTRICT RENT ADMINISTRATOR'S
Webb & Brooks, Inc. DOCKET NO.: U 3124607-R
TENANT: Rosalyn Whitehead
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 18, 1987 the above-named owner timely refiled a Petition
for Administrative Review against an Order issued on December 15,
1986 by the District Rent Administrator concerning the housing
accommodations known as Apartment 12B5 at 2534 Adam Clayton
Powell Blvd., New York, New York wherein the District Rent
Administrator determined that the owner had overcharged the
The issue in this appeal is whether the District Rent
Administrator's order was warranted.
The applicable section of the Law is Section 2526.1 of the Rent
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to
the issues raised by the administrative appeal.
This proceeding was originally commenced on March 28, 1984 by the
filing of a rent overcharge complaint by the tenant. The tenant
first took occupancy of the subject apartment on September 1,
1978 pursuant to a lease commencing September 1, 1978 and
expiring August 31, 1981 at a monthly rent of $297.89.
On November 27, 1984, the owner was served with a copy of the
tenant's rent overcharge complaint.
In answer to the complaint, the owner submitted, on December 21,
1984, an incomplete rental history dating back to June 15, 1975
rather than June 30, 1974 (the Base Rent Date) as required.
In response to the August 1, 1986 issuance of a Final Notice of
Pending Default, the owner, once again, submitted an incomplete
rental history dating back only to June 15, 1975.
In Order Number U-3124607-R the District Rent Administrator
established the lawful stabilized rent based on the owner's
failure to submit a complete rental history for the subject
apartment and directed a refund of $4,385.68, including excess
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security and interest, on overcharges to the tenant.
In the petition, the owner requests reversal of the Rent
Administrator's Order. The owner disputes the Administrator's
determination of a rent overcharge but does not state any reason
for its objection.
In response to the owner's petition, the complainant tenant
contends that, among other things, a previous tenant who occupied
her apartment for the period from 1966 to 1975 provided her with
copies of cancelled rent checks and informed her that she was
being overcharged in rent. The complainant tenant further states
that, on more than one occasion, she requested a rental history
of the apartment, but that the owner never submitted such
documents to her.
The Commissioner is of the opinion that the petition should be
Section 42A of the Rent Stabilization Code requires that an owner
retain complete rent records for each stabilized apartment in
effect from June 30, 1974 to date and produce them to the
Division of Houisng and Community Renewal upon demand. If the
apartment was decontrolled from the Rent Control Law, the owner
must provide satisfactory documentary evidence of the apartment's
date of decontrol.
The record discloses that the owner submitted to the Division a
rental history for the subject apartment, but that said history
was incomplete to the extent that the owner failed to account for
the period between June 30, 1974 and June 14, 1975 or to submit
documentation showing that the subject apartment became
decontrolled from the Rent Control Law after June 14, 1975.
Accordingly, the lawfully stabilization rent established as
$280.65 for the subject apartment was based on the Rent
Administrator's correct determination that the owner had
defaulted in its obligation to provide a full rental history.
Because this determination concerns lawful rents only through the
date of August 31, 1984 used in the Administrator's Order being
appealed, the landlord is cautioned to adjust subsequent rents to
an amount no greater than that determined by the Order plus any
legal increases, and to register any adjusted rents with the
Administrator's order being given as the explanation for the
This Order may, upon the expiration of the period in which the
owner may institute a proceeding pursuant to Article 78 of the
Civil Practice Law and Rules, be filed and enforced as a judgment
or not in excess of twenty percent per month thereof may be
offset against any rent thereafter due the owner.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, denied
and the District Rent Administrator's order be, and the same
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hereby is, affirmed.
JOSEPH A. D'AGOSTA