BF 110018-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.:
BF 110018-RO
MOHAMMED A. MALIK,
DRO DOCKET NO.:
PETITIONER Q-005562 R
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 26 1987, the above named petitioner owner filed a Petition
for Administrative Review against an order f the Rent Admini-
strator, issued April 26, 1987. The order concerned housing
accommodations known as Apartment 1-C located at 134-38 Maple
Avenue, Flushing, New York. The Administrator determined that
the tenant had been overcharged.
The Commissioner has reviewed the record and carefully considered
that portion relevant to the issues raised by this appeal.
The tenant commenced this proceeding by filing a rent overcharge
complaint on November 11, 1985 in which the tenant indicated, in
relevant part, that the owner increased the 1984 registered rent
of $286.62 to $344.26, effective April 1, 1985, and the tenant
thought this was an excessive increase. The tenant also stated
that the owner gives him the apartment registration and says it
is the lease, does not give him a lease, and puts a different
amount on the registration than on the lease. The owner answered
and stated that the lease signed by the tenant was for a monthly
rental of $328.25 and that the tenant was underpaying by paying
only $286.62. The owner also asserted that attempts by the owner
to get a signed renewal lease were unsuccessful.
The Administrator determined that the registered rent of $286.62
is the Initial Legal Registered Rent. An overcharge of $942.15
was calculated including interest and excess security.
On appeal the owner states that the amount shown on the original
1984 Apartment Registration was incorrect and an amended regis-
tration has been filed with DHCR and served on the tenant
indicating an April 1, 1984 rent of $323.25. The owner included
with the petition copies of leases signed by the tenant stating
a rent of $265.00 for the period November 1, 1979 through October
31, 1981; $302.10 for the period November 1, 1981 through October
31, 1983; $323.25 for the period from November 1, 1983 through
October 31, 1985; and $344.26 for the period from November 1,
1985 through October 31, 1987. The tenant responded and argued
BF 110018-RO
that the petition should be denied because he states that he was
paying $286.62 until the owner raised the rent to $344.26.
After a careful review of the evidence in the record, the Commis
sioner is of the opinion that the petition should be denied.
When the owner answered the tenant's complaint, he agreed that
the tenant had been paying the registered rent of $286.62. He
did not at that time assert that an incorrect rent had been
registered, nor did he submit copies of leases stating a higher
amount. The actual rent charged of $286.62 was correct y deter-
mined by the Administrator to be the lawful stabilization rent
upon which a 9% increase for the subsequent renewal lease was
computed, resulting in an overcharge of $31.84 per month.
After being directed to pay overcharges of $942.15, the owner
attempts to explain that an incorrect rent was registered and
submits a set of leases, including a 1985 renewal lease that the
owner had previously asserted the tenant had not signed and
returned after repeated requests.
The Commissioner notes that the scope of review in administrative
appeals is limited to facts or evidence before the Administrator
unless the petitioner establishes that certain facts or evidence
submitted with the petition could not have been offered or in-
cluded in the proceeding prior to the issuance of the order being
appealed. Since the petitioner herein has not offered any expla
nation for the failure to submit to the Administrator the leases
included with the petition, they may not be considered for the
first time in this appeal, especially since the tenant raised
the issue in his complaint of the owner's tendency to charge a
rental amount that is at variance with what is either on the
lease or on the registration statements.
The owner is directed to file amended registrations to reflect
the lawful stabilized rent of $312.42 established by the Adminis
trator for the April 1, 1985 to March 31, 1987 lease term with
this Order and Opinion being cited as the reason f r the amend-
ment.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this Petition be, and hereby is, denied and that
the Rent Administrator's order be, and hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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