BC 810138 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 810138 RO
DISTRICT RENT ORDER
Presidential Management Corp, DOCKET NO.: WPTC 84-446
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 11, 1987 the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
February 17, 1987 by the Administrator (White Plains) concerning
housing accommodations known as Apartment #1, 11-10 West View
Avenue, White Plains, New York, wherein the Administrator
determined that the owner had overcharged the tenant.
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 this proceeding by filing a specific
complaint of overcharge, wherein the tenant alleged that she
took occupancy of the subject apartment in 1970; that she paid
the landlord $16.00 per month for each garage space; and that in
1983 she stopped the usage of two out of three garage spaces but
the landlord offered her a refund of only $15.00. The owner was
served with a copy of the tenant's complaint but failed to
On February 17, 1987 the Administrator issued an order
determining that the tenant had been overcharged in the amount of
$2,880.00. The owner was directed to refund such overcharge to
In its petition, the owner contends, in substance, that the
Administrator's order should be modified because the actual
overcharge ($706.38) collected is less than the overcharge found
by the Administrator.
In response to the owner's petition, the tenant asserts, in
substance, that the overcharge did occur; and that the
Administrator's order should be affirmed.
The Commissioner is of the opinion and finds that this petition
should be denied.
The Commissioner notes that since the Administrator's order was
based on the owner's failure to answer the tenant's factual
BC 810138 RO
allegations (which was therefore deemed admitted) it would be
improper to entertain the owner's rebuttal at this level of the
proceeding. Accordingly, the Commissioner finds that the
Administrator properly determined that the tenant had been
overcharged and was correct in directing the owner to make full
restitution to the tenant.
THEREFORE, in accordance with the Tenant Protection Act and
Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied;
and that the District Rent Administrator's order be, and the same
hereby is affirmed.