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STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: BG 210320 RO
BEE GEE EXCELSIOR MGMT., DRO DOCKET NO.: TC-085188-G
TENANTS: STEPHEN & HAZEL
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 28, 1987 the above-named owner filed a Petition for
Administrative Review of an order issued on July 3, 1987, by the
Rent Administrator concerning the housing accommodations known as
5447 Kings Highway, Brooklyn, New York, Apartment No. A-5 wherein
the Rent Administrator determined that the owner had overcharged
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
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 on January
23, 1984 of a rent overcharge complaint by the tenant who first
moved to the subject apartment in September 1983 at a rental of
$500.00 per month.
The owner did not respond to the tenant's overcharge complaint or
to a subsequent Notice Of Pending Default.
In Order Number TC-085188-G, the Rent Administrator determined
that, due to the owner's failure to submit a complete rental
history, the lawful stabilization rent was calculated using the
Default Procedure, effecting a rent overcharge of $4,135.93.
In the petition, the owner objects to the base rent established for
the subject apartment and submits a rental history.
The Commissioner is of the opinion that this petition should be
BG 210320 RO
The Commissioner notes that, in accordance with the Regulations,
the owner is required to maintain and produce to the Division upon
demand rent records for each stabilized apartment. In the instant
case, the base rent date for the subject apartment is established
as April 1, 1980. Accordingly, the owner was required to submit to
the Division rent records dating back to April 1, 1980.
The record discloses that the owner failed to submit the requisite
rental history in the proceeding before the Rent Administrator and
failed to give any excuse for the non submission. Since this is
not a de novo situation, rent records submitted for the first time
on appeal cannot be considered herein. Accordingly, the lawful
stabilization rent established for the subject apartment was
calculated utilizing the Default Procedure inasmuch as the Rent
Administrator properly determined that the owner had defaulted in
its obligation to provide a full rental history.
Because this determination concerns lawful rents only through
August 30, 1986, the owner is cautioned to adjust subsequent rents
to an amount no greater than that determined by the Rent
Administrator's 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 in the same
manner as a judgment or not in excess of twenty percent per month
thereof may be offset against any rent thereafter due the owner.
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, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner