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 210387 RO
: DRO DOCKET NO. K3103401-R
M.D.M. ASSOCIATES TENANT: YAKOV FEON
PETITIONER :
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ORDER AND OPINION REMANDING PROCEEDING ON APPEAL
On June 18, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
August 20, 1986, by the Rent Administrator, 10 Columbus Circle,
New York, New York, concerning the housing accommodations known as
3091 Brighton 5th Street, Brooklyn, New York, Apartment No. 6C,
wherein the Rent Administrator determined that the owner had
overcharged the tenant.
The record indicates that in March 1984, the tenant herein
filed a complaint of rent overcharge in which he stated that he
moved to the subject apartment on February 1, 1979 at a rental of
$315.00 per month and that the prior tenant had lived in the
subject apartment for thirty years.
The owner did not submit a response to the tenant's
complaint. The Rent Administrator then issued the order under
appeal herein finding a rent overcharge of $3394.06 through
January 1, 1986 on the basis that the owner failed to submit a
complete rental history.
On appeal, the current owner stated in substance that it
acquired ownership of the subject premises in August 1984, but was
never served with a copy of the complaint nor a copy of the Rent
Administrator's order. The current owner also submitted a
complete rental history for the subject apartment including a
copy of a Landlord's Report of Statutory Decontrol indicating that
the tenant herein was the first rent stabilized tenant.
The Commissioner is of the opinion that this petition should
be granted to the extent of remanding the proceeding so that the
tenant's complaint can be processed as a fair market rent
adjustment application rather than a rent overcharge complaint.
At the outset, the current owner's petition must be
considered timely filed since the record shows that the current
owner was not served with a copy of the Rent Administrator's order
although it had registered as the owner of the subject premises in
1985 prior to the issuance of the Rent Administrator's order.
BF 210387 RO
In this case rent records for the subject apartment including
a Report of Statutory Decontrol discloses that the tenant herein
was the first rent stabilized tenant. Accordingly, the Rent
Administrator's order finding a rent overcharge on the basis that
the owner failed to submit a complete rental history was in error.
Rather the tenant's complaint must be treated as a fair market
rent adjustment application since in his complaint he was
questioning the initial legal regulated rent. Accordingly this
proceeding is being remanded to treat the tenant's complaint as a
fair market rent adjustment application filed prior to April 1,
1984. All parties are to be notified and given a chance to submit
evidence in such remanded proceeding including evidence as to
whether the tenant herein was served with the required DC=2
notice.
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, granted to the extent of remanding this
proceeding to the Rent Administrator for further processing in
accordance with this order and opinion. The automatic stay of so
much of the Rent Administrator's order as directed a refund is
hereby continued until a new order is issued upon remand.
However, the Administrator's determination as to the rent is not
stayed and shall remain in effect, except for any adjustments
pursuant to lease renewals, until the Administrator issues a new
order upon remand.
ISSUED
ELLIOT SANDER
Deputy Commissioner
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ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: BF 210387 RO
DRO Docket No/Order No.: K3103401-R
Tenant(s): Yakov Feon
Owner: M.D.M. Associates
Code Section:
Premises: 3091 Brighton 5th Street, Brooklyn, New York, Apt. 6C
Order and Opinion Remanding Proceeding
Proceeding remanded to treat tenant's rent overcharge
complaint as a fair market rent appeal.
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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