BE 110409 RT
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.: BE 110409 RT
ANA CASTILLO, DRO DOCKET NO.: Q 001504 R
TENANT: ANA CASTILLO
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 22, 1987, the above-named petitioner-tenant filed a Petition
for Administrative Review against an order issued on April 20,
1987, by the Rent Administrator, Gertz Plaza 92-31 Union Hall
Street Jamaica, New York, concerning the housing accommodations
known as 138-32 90th Avenue Jamaica, New York, Apartment No. A10,
wherein the Rent Administrator determined that the owner had not
overcharged the tenant and that the tenant's challenge to the
initial registered rent was untimely.
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 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 of a rent
overcharge complaint by the tenant on April 12, 1985.
The owner was served with a copy of the tenant's complaint and
submitted a complete rental history as required. The owner stated
in substance that the prior tenant was rent controlled; that new
equipment was installed and the rent of $400.00 was a fair market
rent which the tenant had failed to challenge within 90 days of the
receipt of the RR1 notice by the tenant on October 12, 1984.
In Order Number ZQ 001504 R, the Rent Administrator established the
lawful stabilized rent as $400.00 effective October 1, 1984 and
determined that the tenant had not been overcharged based on the
tenants' failure to file a timely challenge to the RR1 notice.
In this petition, the tenant stated that they "never received a
notice of my original claim from this office."
BE 110409 RT
In answer to the tenant's petition, the owner stated in substance
that the Rent Administrator's order was warranted and that the
apartment was properly registered.
The Commissioner is of the opinion that this petition should be
denied.
An examination of the record in this case discloses that the owner
had submitted a response containing bills for new equipment; an
explanation of the calculation of the initial rent; a copy of the
initial rent form RR1 and a copy of a receipt dated October 12,
1984 indicating receipt of the RR1 form signed by the tenant.
Section 2528.2(d) of the Rent Stabilization Code provides in
pertinent part that a copy of the RR1 form served prior to May 1,
1987 may be by "...any method of service permitted by the Division
of Housing and Community Renewal (DHCR) at the time of service..."
In the instant case, the owner was directed by the Rent
Administrator to submit proof of service of the RR1 form by one of
3 methods including the tenant's signature acknowledging receipt of
the RR1 form showing the date of receipt. The owner complied with
the directive.
The tenant's challenge filed on April 12, 1985 is in excess of 90
days from the tenant's signed receipt of the RR1 on October 12,
1984. The Initial Legal Registered Rent is established at $400.00
and no subsequent overcharge occurred.
Accordingly, the Rent Administrator's order was warranted.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and the
same hereby is, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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