DOCKET NO.: BF 410198 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
APPEALS OF DOCKET NOS. BF 410198 RT
and BG 410277 RT
Mary Newman DISTRICT RENT
ADMINISTRATOR'S
DOCKET NOS. 040767 and
L 006181 R
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
FILED UNDER DOCKET NO. BE 410198 RT AND GRANTING PETITION
FOR ADMINISTRATIVE REVIEW FILED UNDER
DOCKET NO. BG 410277 RT
On June 9, 1987, the above-named tenant timely refiled a
petition for administrative review of an order issued on March
23, 1987 by a District Rent Administrator concerning the housing
accommodation known as Apt. 1B, 21 West 12th Street, New York
N.Y.
On July 16, 1987 the above-named tenant filed a petition for
administrative review of an order issued June 24, 1987 by a Rent
Administrator concerning the above-mentioned housing
accommodation.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the petitions for review.
The Commissioner notes that there are two separate
proceedings involving the same issues concerning the subject
apartment. The Commissioner is of the opinion that they should
be consolidated for disposition.
The tenant commenced these proceedings by the filing of two
complaints of general rent overcharge. One, filed on a " Rent
Control Tenant Objection to Rent/Services Registration" form,
was, assigned Docket No. 040767. The other, filed on a
DOCKET NO.: BF 410198 RT
"Tenant's Complaint of Rent Overcharge And/Or Excess Security
Deposit" form, was assigned Docket No. L 006181 R. In both
complaints the tenant asserted, in pertinent part, that the
subject apartment was rent controlled.
In the owner's answer to one of the tenant's complaints they
asserted, in pertinent part, that the subject apartment was
stabilized and that the tenant's objection to the initial
registered rent was untimely.
On March 23, 1987 the District Rent Administrator issued an
order under Docket NO. 040767 in which the subject apartment was
referred to as a rent-controlled unit and in which the
Administrator noted that the owner was not required to served a
copy of the registration upon the tenant . On June 24, 1987 the
Rent Administrator issued an order under Docket No. L 006181 R in
which, among other things, the tenant's overcharge complaint was
denied based upon a finding that she did not file a timely
challenge to the April 1, 1984 registered rent under rent
stabilization.
In her petitions, the tenant, in pertinent part, and
substance, asserts that the subject apartment is rent-controlled;
and that litigation is pending on this issue. She indicates that
the petitions for administrative review are being filed to
preserve her rights in the event the litigation results in a
finding that her apartment is stabilized.
After careful consideration, the Commissioner is of the
opinion that the petition filed under Docket No. BE 410198 RT
should be denied and the petition filed under Docket No. BG
410277 RT should be granted.
The record reveals that on May 20, 1988 a decision was
issued by the Supreme Court of the State of New York (New York
County Index No. 12901/87), denying the owner's Article 78
petition for judicial review of a rent agency decision in another
proceeding which found that the subject apartment is rent-
controlled. Accordingly, the Rent Administrator's order issued
on June 24, 1987, under Docket No. L 006181 R, should be revoked,
as the subject apartment is not rent stabilized.
The District Rent Administrator's order issued on March 23,
1987, under Docket No. 040767, should be affirmed, as that order
confirms the fact that the subject apartment is rent-controlled.
The tenant is advised that rent overcharge complaints
DOCKET NO.: BF 410198 RT
concerning rent-controlled apartments should be addressed to a
court of competent jurisdiction
THEREFORE, in accordance with the City Rent and
Rehabilitation Law, the Rent and Eviction Regulations, and the
Rent Stabilization Law and Code, it is
ORDERED, that the tenant's petition under Docket No. BG
410277 RT be, and the same hereby is, granted, and that the order
of the Rent Administrator issued on June 24, 1987 under Docket
No. L 006181 R be, and the same hereby is, revoked; and it is
FURTHER ORDERED, that the tenant's petition under Docket No.
BF 410198 RT be, and the same hereby is, denied, and that the
order of the District Rent Administrator issued on March 23,
1987, under Docket No. 040767 be, and the same hereby is,
affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
DOCKET NO.: BF 410198 RT
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