BE 410036 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 410036 RT
: DRO DOCKET NO.ZL-002027-R
BRUCE SHENITZ OWNER: ANDREA RICH
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 30, 1987, the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on March
26, 1987, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
204 West 108 Street, New York, New York, Apartment No.
46, wherein the Rent Administrator determined that the tenant had
not been overcharged.
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 in May
1985 of a rent overcharge complaint by the tenant who moved to the
subject apartment on November 19, 1984 at a monthly rent of
$988.00.
In answer to the complaint, the owner stated in substance
that the tenant herein was paying the exact same rental as the
prior tenant Jonathan Steele and that on May 23, 1984, Mr. Steele
was served with a copy of the apartment registration form which
listed the April 1, 1984 rent as $988.00. In support of such
contention, the owner submitted a copy of the April 1, 1984
registration form along with proof of mailing on May 23, 1984.
In response to the owner's answer, the tenant stated in
substance that he was told prior tenant Jonathan Steele had been
subletting the subject apartment to another occupant at the time
the registration form was mailed in 1984, so that the tenant
herein should be able to challenge any rent overcharge.
BE 410036 RT
In Order Number ZL-002027-R, the Rent Administrator
determined that the owner had properly registered the April 1,
1984 rent for the subject apartment, served the then tenant of the
subject apartment with a copy of the apartment registration form
and that there was no timely Tenant's Objection to this rent.
Therefore, the Rent Administrator found that the April 1, 1984
registered rent of $988.00 was the initial legal registered rent
and that no rent overcharge had occurred.
In this petition, the tenant contends, in substance, that the
owner did not supply the tenant with proof of the rent
registration or service of same on the tenant, that the tenant was
not in occupancy of the subject apartment on April 1, 1984 or
ninety days thereafter, that the tenant has filed a timely
complaint of rent overcharge and that the prior tenancy was not a
bona fide tenancy so that service of any rent registration on the
prior tenant was invalid.
In answer to this petition, the owner contends, in substance,
that the Rent Administrator's order was warranted.
The Commissioner is of the opinion that this petition should
be denied.
Section 2526.1 (a) (3) (i) of the Rent Stabilization Code
provides in pertinent part that except as to complaints filed
within ninety days of the initial registration of a housing
accommodation, the legal regulated rent for purposes of
determining an overcharge shall be deemed to be the rent shown in
the annual registration statement filed four years prior to the
most recent registration statement or if more recently filed, the
initial registration statement.
In the instant case, the owner submitted proof that on May
23, 1984 prior tenant Jonathan Steele had been served with a copy
of the 1984 apartment registration form by using the Post Office
"Carrier Route Pre-Sort" Service through a bonded mailing house as
evidenced by the Post Office date-certification of the number of
pieces received from the mailing house for each building and the
mailing house addressee list. This was a method of service
permitted by the DHCR. The record further reveals that no rent
overcharge complaint was received within ninety days of such
service. It is noted that the fact that Mr. Steele may have been
subletting the subject apartment to another occupant at the time
the registration form was mailed to him does not invalidate the
service of the registration form. Further, the tenant has
submitted no evidence in support of his contention that Mr. Steele
was not a bona fide tenant. Therefore, the Rent Administrator
correctly found that the April 1, 1984 registered rent of $988.00
was the initial legal registered rent in accordance with Section
2526.1 and that no rent overcharge had occurred.
BE 410036 RT
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
ELLIOT SANDER
Deputy Commissioner
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