ADM. REVIEW DOCKET NO.: BF 210081-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 210081-RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
AD 220359-R
ARTHUR COLE,
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 28, 1987 the above-named petitioner-owner filed a
petition for administrative review against an order issued on May
1, 1987 by a Rent Administrator concerning the housing
accommodations known as Apartment 1-A, 225 Decatur Street,
Brooklyn, N.Y., wherein the Administrator determined that the
maximum collectible rent for the subject housing accommodations
is $50.74 per month as of March 21, 1983.
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.
The tenant commenced this proceeding on April 10, 1986 by
filing a complaint of rent overcharge. The tenant stated that
the owner has increased his rent twice in one year, from $130.00
to $225.00 on July 15, 1985 and again on December 1, 1985 from
$225.00 per month to $285.00 per month.
The owner failed to interpose an answer to the tenant's
complaint, although afforded an opportunity to do so.
Based on the rent control registration records, the
Administrator determined that the maximum collectible rent for
the subject apartment was $50.74 per month.
In the petition for administrative review the owner alleged
that the tenant is erroneously claiming that he moved in on April
17, 1970, however, based upon information the owner received at
the closing the tenant moved into the apartment in November or
December 1971. The owner argues that the apartment is rent
stabilized and not rent controlled.
The owner further alleged that as a result of a complaint
ADM. REVIEW DOCKET NO.: BF 210081-RO
filed by the same tenant an order was issued under docket number
2C 42147 on January 13, 1981 establishing the rent at $67.65
effective December 1978 and there were no subsequent orders
decreasing the rent. He argues accordingly that the order should
be modified to adjust the rent upward from a base of $67.65 to
exceed $130.00 per month, the tenant's complaint should be
dismissed, and the matter referred to rent stabilization or, in
the alternative, the rent control rent should be established at
$130 per month with a finding of no rent overcharge.
In answer to the petition the tenant stated that he was
evicted on August 24, 1987. He urges that the owner's petition
should be denied and all overcharges collected by the owner
refunded to him.
After careful consideration the Commissioner is of the
opinion that the petition should be denied.
The owner did not respond to the complaint when the
proceeding was before the Administrator and failed to raise the
issue of the status of the apartment. The owner has not
submitted any evidence to support the alleged date of the
tenant's initial occupancy and refers only to representations
purportedly made to him when he assumed ownership of the
building. The Division's records reveal that the complaining
tenant was considered a rent controlled tenant throughout his
tenancy and there is no basis for finding that he is rent
stabilized.
The record establishes that the Administrator's
determination was based upon the registration history for the
subject apartment which indicates the maximum collectible rent of
$70.15 was decreased by $2.50 (docket number 2T 625862) to $67.65
based upon a diminution of services and docket number 2C 42147
only reaffirms the earlier decision. Thereafter, on March 21,
1983 another order (2T 688792) was issued decreasing the rent
again by $16.91 to $50.74 based upon a lack of heat. The
Division's records also reveal that the owner had not qualified
for any increases under the Maximum Base Rent program, so the
rent remains at $50.74.
THEREFORE, in accordance with the Rent and Eviction
Regulations for New York City, it is
ORDERED, that this petition be and the same hereby is denied
and the Administrator's order be and the same hereby is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
ADM. REVIEW DOCKET NO.: BF 210081-RO
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