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 210380 RO
: DRO DOCKET NO. K-3104943-R
EAST REALTY TENANT: NAOMI LOPEZ
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART
On June 11, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on May
8, 1987, by the Rent Administrator, 10 Columbus Circle, New York,
New York, concerning the housing accommodations known as 1125
Lorimer Avenue, Brooklyn, New York, Apartment No. 1C, wherein the
Rent Administrator determined that the owner had overcharged the
tenant.
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
March 1984, of a rent overcharge complaint by the tenant in which
the tenant stated that she first moved to the subject apartment on
April 1, 1979 at a rental of $250.00 per month.
In response to the tenant's complaint, the owner stated in
substance that it was appointed Receiver of the subject premises
in April, 1978, and was not able to submit a complete rental
history. The owner submitted a rental history from March 1, 1977.
Under docket number CDR 30240, the Rent Administrator
determined that a rent overcharge of $5610.69 had occurred
through March 31, 1986, based on the owner's failure to submit a
complete rental history.
In this petition and in a supplement to it, the owner alleges
in substance that it should not be penalized for its failure to
submit a complete rental history, but that the rental history from
March 1, 1977 should be utilized and when this is done it shows
that the tenant was overcharged in the amount of $5442.25 through
BF 210380 RO
March 31, 1988.
The Commissioner is of the opinion that this petition should
be granted in part.
Section 42A of the former Rent Stabilization Code requires
that an owner retain complete records for each stabilized
apartment in effect from June 30, 1974 (or the date the apartment
became subject to rent stabilization, if later) and to produce
such records to the DHCR upon demand.
Since the instant case invovles submission of a rental
history back to 1977 and in light of recent court decisions
applicable in this jurisdiction, the Commissioner is hereby
granting the specific relief requested by the petitioner. The
Commissioner deems it appropriate to utilize the rental history
supplied by the owner in determining the lawful stabilization
rents. Accordingly, the Commissioner has recalculated the lawful
stabilization rents and the amount of the rent overcharge based on
the rental history from March 1, 1977. The lawful stabilization
rents and amount of the rent overcharge are set forth on the
amended rent calculation chart attached hereto and made a part
hereof.
Because this determination concerns lawful rents only through
March 31, 1986, the owner is cautioned to adjust subsequent rents
to an amount no greater than that determined by this order plus
any lawful increases and to register any adjusted rents with this
order and opinion being given as the explanation for the
adjustment.
This order may upon the expiration of the period in which the
owner may institute a proceeding pursuant to Article 78 of the
Civil Practice Law and Rules, be filed and enforced as a judgment
or not in excess of twenty percent per month of the overcharge may
be offset against any rent thereafter due the owner.
If the owner has already complied with the Rent
Administrator's order and there are arrears due to the owner as a
result of the instant determination, the tenant shall be
permitted to pay off the arrears in twelve equal monthly
installments. Should the tenant vacate after the issuance of this
order or have already vacated, said arrears shall be payable
immediately.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
BF 210380 RO
ORDERED, that this petition for administrative review be, and
the same hereby is, granted in part, and, that the order of the
Rent Administrator be, and the same hereby is, modified in
accordance with this order and opinion. The lawful stabilization
rents and the amount of the rent overcharge are established on the
attached chart which is fully made a part of this order. The
amount of the rent overcharge through March 31, 1986 is $4876.79.
ISSUED
ELLIOT SANDER
Deputy Commissioner
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ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: BF 210380 RO
DRO Docket No/Order No.: K-3104943-R
Tenant(s): Naomi Lopez
Owner: East Realty
Code Section: 2526.1 of RSC
Premises: 1125 Lorimer Avenue, Brooklyn, New York, Apt. 1C
Order and Opinion ranting Petition in Part
Petition granted in part to take into account rental history
submitted by the owner.
APPROVED:
Processing Attorney:
Supervising Attorney:
Bureau Chief:
Deputy Commissioner:
Mailed copies of Order and Determination to:
Tenant(s)
Owner
Tenant's Atty
Owner's Atty
Date: : by
signature
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