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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 410214 RT
: DRO DOCKET NO.L-3113453-R
MARTHA JACOBS OWNER: PAUL BOGONI
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 2, 1987, the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on May
29, 1987, by the Rent Administrator, 10 Columbus Circle, New York,
New York, concerning the housing accommodations known as 945 West
End Avenue, New York, New York, Apartment No. 3B, wherein the Rent
Administrator determined that the tenant had been overcharged.
The Commissioner notes that this proceeding was filed prior
to April 1, 1984. Sections 2526.1 (a) (4) and 2521.1 (d) of the
Rent Stabilization Code (effective May 1, 1987) governing rent
overcharge and fair market rent proceedings provide that
determination of these matters be based upon the law or code
provisions in effect on March 31, 1984. Therefore, unless
otherwise indicated, reference to Sections of the Rent
Stabilization Code (Code) contained herein are to the Code in
effect on April 30, 1987.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2526.1 of the current 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 in March, 1984, by
the filing of a rent overcharge complaint by the tenant who took
occupancy pursuant to a lease commencing April 1, 1980 and
expiring March 31, 1981 at a monthly rent of $802.75.
In answer to the complaint, the owner submitted a Report of
Statutory Decontrol showing that the subject apartment was rented
on March 8, 1965, and became vacant on January 1, 1979 and listing
the tenant as "Oscar de Leon". The owner also submitted a copy of
a two year lease for the subject apartment dated December 15, 1978
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and commencing January 1, 1980 at a rental of $650.00 per month
and listing the tenant as "Courtlandt H. K. Van Rooten". However,
the owner pointed out that the January 1, 1980 commencement date
was a typo and that the said lease actually commenced on January
1, 1979. In support of such contention, the owner submitted a
copy of Van Rooten's lease application dated December 13, 1978.
In such application, the lease was listed as commencing January 1,
1979 and expiring December 31, 1980 at a rental of $650.00 per
month.
In Order Number CDR 30,389, the Rent Administrator determined
that the tenant had been overcharged in the amount of $.54. In
such determination, the Rent Administrator listed prior tenant Van
Rooten's lease as commencing on January 1, 1979.
In this petition, the tenant contends in substance that no
DC-2 Notice (Notice of Initial Legal Regulated Rent) was served on
the prior tenant so that the tenant herein should be entitled to
have the fair market rent of the subject apartment determined;
that the owner did not submit the lease of prior tenant Oscar De
Leon; and that the Van Rooten lease submitted by the owner
commenced on January 1, 1980 so that there is a period of one year
after the January 1, 1979 vacancy decontrol for which no rental
history was furnished.
In answer to the tenant's petition, the owner stated in
substance that the Rent Administrator's order was warranted.
The Commissioner is of the opinion that this petition should
be denied.
In the instant case, the evidence of record discloses that
the tenant herein was not the first rent stabilized tenant to
occupy the subject apartment and did not file a fair market rent
adjustment application prior to April 1, 1984. Accordingly, the
Rent Administrator correctly did not ask the owner to submit a
copy of the DC-2 Notice served on the prior tenant but directed
the owner to submit a complete rental history of the subject
apartment. In addition, it is noted that the owner registered the
subject apartment in 1984 and the tenant did not file an objection
to such registration questioning the fair market rent within the
required ninety day period. Therefore the tenant is preculuded
from now filing a fair market rent appeal. The record further
discloses that the owner did submit a complete rental history
including a Report of Statutory Decontrol showing that the subject
apartment was vacancy decontrolled as of January 1, 1979. The
prior tenant "Oscar De Leon" listed on the Report of Statutory
Decontrol was actually the last rent controlled tenant so that no
lease information needed to be submitted for such tenant. In
addition as shown by the lease application submitted by the owner,
prior tenant Van Rooten actually rented the subject apartment
pursuant to a two year lease commencing January 1, 1979, and the
commencement date on the Van Rooten lease of January 1, 1980 was a
typographical error. Accordingly, the Rent Administrator's order
was warranted.
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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.
ISSUED
ELLIOT SANDER
Deputy Commissioner
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