BE 410038 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 410038 RT
: DRO DOCKET NO.ZL-005133-R
JOSEPH M. GELOSI OWNER: S. K. S. REALTY
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 4, 1987, the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on April
10, 1987, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
10-16 Manhattan Avenue, New York, New York, Apartment No.
6C, 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 issues raised by the administrative appeal.
This proceeding was originally commenced by the filing in
November 1985 of a rent overcharge complaint by the tenant who
stated that he first moved to the subject apartment on October 1,
1984 at a monthly rent of $742.00.
In answer to the complaint, the owner stated in substance
that in April, 1984, it served the prior tenant with a copy of the
apartment registration form which listed the April 1, 1984 rent as
$700.00. In support of such contention, the owner submitted a
copy of the April 1, 1984 registration form along with proof of
mailing on April 2, 1984. The owner also submitted copies of the
leases entered into with the prior tenant and the tenant herein
and stated that all increases were in accordance with the relevant
guidelines and that no rent overcharge had occurred.
In Order Number ZL-005133-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
BE 410038 RT
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 $700.00 was the initial legal registered rent,
that the rent was then increased to $742.00 effective October 1,
1984 and to $790.23 effective October 1, 1985 all in accordance
with lease increases pursuant to the Guidelines then in effect so
that no rent overcharge occurred.
In this petition, the tenant contends in substance that in
August 1983, he became a roommate of the prior tenant, that the
prior tenant's last lease expired on December 31, 1983, that the
prior tenant remained in the subject apartment for nine additional
months after December 31, 1983 without a lease at the same rent
after deciding she did not want to renew her lease so that when
the owner sent the apartment registration to the prior tenant in
April 1984, there was no actual tenant of record, and that
therefore the current tenant's overcharge complaint should have
been considered as a timely objection to the April 1, 1984
registered rent.
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 April
2, 1984, the prior tenant had been served with a copy of the 1984
apartment registration form. Such proof consisted of a copy of
U.S. Post Office "Acceptance of Registered, Insured, C.O.D. and
Certified Mail" Form #P.O.-3877, signed and dated and listing the
tenant's name and address, including the apartment number. 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 the
prior tenant had been occupying the subject apartment without a
renewal lease at the time the registration form was mailed to her
does not invalidate the service of the registration form.
Therefore, the Rent Administrator correctly found that the April
1, 1984 registered rent of $700.00 was the initial legal
registered rent in accordance with Section 2526.1 and correctly
found that the April 1, 1984 rent of $700.00 was increased by
lawful amounts to $742.00 effective October 1, 1984 (Guideline 16
increase of 6% for one year vacancy lease) and to $790.23
effective October 1, 1985 ( Guideline 17 increase of 6 1/2% for a
two year renewal lease). Accordingly, no rent overcharge
occurred.
THEREFORE, in accordance with the provisions of the Rent
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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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