BD 610335 RO
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 610335 RO
HENRY BUNCH,
DISTRICT RENT ORDER
DOCKET NO.: B 3101302 RT
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 30, 1987 the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
April 14, 1987 by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York concerning housing accommodations known
as 165 West 197th Street, Bronx, New York, Apartment 4J.
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 Commissioner has reviewed all of 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 commenced on March 23, 1984 by the tenant
filing a complaint of rent overcharge. The tenant took occupancy
of the subject apartment pursuant to a lease commencing
September 1, 1981 and expiring August 31, 1983 at a monthly rent
of $425.00.
The prior owner was served with a copy of the complaint and
directed to submit a complete rental history. In response,t he
petitioner-owner submitted, among other things, copies of lease
dating from September 1, 1981 and a current rent roll. The owner
subsequently advised that he was unable to locate any further
documentation.
In Order Number CDR 29,956, the Rent Administrator established
the lawful stabilization rent at $384.25 as of August 31, 1987
based on the owner's failure to submit a full rental history,
determined that the tenant had been overcharged in the amount of
$6,989.90, including interest, and directed that the overcharge
amount be refunded to the tenant.
In this petition, the owner contends that he submitted a full
BD 610335 RO
rental history during the proceeding before the Rent
Administrator and resubmits a copy of same.
The Commissioner is of the opinion that this petition should be
denied.
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 Housing and Community Renewal (DHCR) 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.
In the instant case, the owner was directed to submit a complete
rental history. The owner failed to submit leases or rent
ledgers going back to June 30, 1974 or to show that the prior
tenant's lease was the initial stabilized lease after decontrol
from the Rent Control Law. Therefore, the Commissioner finds
that the Administrator properly found that the owner had
defaulted in his obligation to provide a full rental history and
properly computed the legal regulated rent in accordance with
established procedures.
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 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 provisions of 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
hereby is, affirmed.
ISSUED:
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ELLIOT SANDER
Deputy Commissioner
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