BG 210103 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. BG 210103 RO
: DRO DOCKET NO.ZK-3104355-R
DIANE D. BASSMAN
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 14, 1987, the above-named petitioner-landlord filed a
Petition for Administrative Review against an order issued on June
12, 1987, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
205 24th Street, Brooklyn, New York, Apartment No. 1L.
The Administrative Appeal is being determined pursuant to the
provisions of the Rent and Eviction Regulations for New York City.
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 initiated in March, 1984, by the tenant's
filing of a rent overcharge complaint in which the tenant stated
that he first moved to the subject apartment in 1962 at a rental
of $75.00 per month. The prior landlord was served with a copy
of the tenant's complaint and subsequently was advised by the DHCR
that the subject apartment was rent controlled. The prior
landlord was also afforded an opportunity to submit a response to
the tenant's complaint. No response was received from the prior
landlord.
The Rent Administrator's order, appealed herein listed the
maximum collectible rent for the subject apartment as $86.25 per
month effective August 1, 1970, and directed that all rent
collected in excess of $86.25 during the period no earlier than
two years prior to March 23, 1984 be refunded to the tenant within
thirty days after the order becomes effective together with 6%
interest from the date of each successive rent payment. This
order was based upon an examination of the rent records for the
subject apartment. Said records indicated that the prior landlord
had never applied for maximum base rent increases for the subject
apartment.
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In this petition, the current landlord alleges in substance
that she purchased the subject premises on April 2, 1985, that she
was informed by the prior landlord that the subject apartment was
rent stabilized, that she has been unable to obtain the rent
records for the subject apartment from the DHCR due to asbestos in
the basement at Gertz Plaza, and that she will amend her petition
when she obtains a copy of the rent record. The current landlord
made no further submissions in this case.
The Commissioner is of the opinion that this petition should
be denied.
Rent records for the subject apartment disclose that the
subject apartment was rent controlled during the occupancy of the
tenant herein and that the maximum collectible rent was correctly
established as $86.25 per month by the Rent Administrator's order
appealed herein. It is noted that the current landlord in her
appeal has submitted no evidence to show that the subject
apartment was not rent controlled nor that the maximum collectible
rent was not correctly established. Accordingly, the Rent
Administrator's order was warranted.
This order is issued without prejudice to any action the
current landlord may bring against the prior landlord for any
rent overcharges the current landlord refunds to the tenant herein
attributable to the prior landlord's representations concerning
the legal rent of the subject apartment.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED
ELLIOT SANDER
Deputy Commissioner
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