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.: BD 410106-RT
:
DRO DOCKET NO.: L 3110093-R/T
RICHARD C. AULETTA,
PETITIONER :
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ORDER AND OPINION DENYING ADMINISTRATIVE APPEAL
On April 14, 1987 the above-named petitioner-tenant filed an
Administrative Appeal against an order issued on March 10, 1987 by the
District Rent Administrator, 10 Columbus Circle, New York, New York,
concerning the housing accommodations known as 419 East 57th Street, New
York, New York, Apartment 7A.
The Commissioner notes that this proceeding was initiated prior to April
1, 1984. Sections 2526.1(a)(4) and 2521.1(d) of the Rent Stabilization
Code (effective May 1, 1987) governing rent overcharge and fair market
rent proceedings provide that determination of these matters be based upon
the law or code provisions in effect on March 31, 1984. Therefore, unless
otherwise indicated, reference to Sections of the Rent Stabilization Code
(Code) contained herein are to the Code in effect on April 30, 1987.
The Administrative Appeal is being determined pursuant to the provisions
of Sections 10B,20A,42A and 63 of the Code.
The issue herein is whether the District Rent Administrator properly
determined the tenant's complaint of rent overcharges.
The District Rent Administrator's order, appealed herein, determined that
the tenant had been overcharged a total, including excess security and
accrued interest, of $1115.86 during the period from October 1, 1971
through February 28, 1987; established the lawful stabilization rent at
$932.41 per month under the lease from October 1, 1985 through September
30, 1987; and directed the owner to roll back the rent to the lawful
stabilized amount and to make full refunds to the tenant. It was noted
in the order that the District Rent Administrator's determination was
based upon a complete rental history for the subject apartment from the
1968 base rent date.
On appeal, the petitioner-tenant alleges, in substance, that the rent
overcharge on the subject apartment occurred prior to, and beginning with,
his renting of the apartment; that it is his understanding that the law
requires the Division to review rent records dating back four years prior
to his tenancy in the subject apartment; and that such records have never
been provided to him by the owner.
DOCKET NUMBER: BD 410106-RT
After careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal should be
denied.
The District Rent Administrator properly determined the tenant's complaint
of rent overcharges based upon rent records submitted by both parties to
this proceeding which comprised the complete rental history from the 1968
base rent date . The tenant's assertion that the owner was required to
produce rent records dating from four years prior to the initial date of
the tenant's tenancy in 1968 is without merit.
The Commissioner notes that on March 31, 1987 the owner filed an
administrative appeal against the District Rent Administrator's order.
Said appeal was assigned Administrative Review Docket No. BC 410484-RO.
On March 16, 1988, the Commissioner issued an order and opinion denying
the owner's administrative appeal and affirming the District Rent
Administrator's order. In said order, the Commissioner found that the
District Rent Administrator was correct in establishing the lawful
stabilization rent from 1968.
THEREFORE, in accordance with the provisions of the Rent Stabilization Law
and Code, it is
ORDERED, that this administrative appeal be, and the same hereby is,
denied and that the order of the District Rent Administrator be, and the
same hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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