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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 610170 RT
: DRO DOCKET NO.TC-049846-G
DUTY MACKENZIE OWNER: INTERBORO HOLDING
CORP.
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 1, 1987, the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on June
11, 1987, by the Rent Administrator, 10 Columbus Circle, New York,
New York, concerning the housing accommodations known as 2420 Morris
Avenue, Bronx, New York, Apartment No. 2D, wherein the Rent
Administrator determined that the owner had not overcharged the
tenant.
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 by the filing on
January 16, 1981 of a rent overcharge complaint by the tenant who
first moved to the subject apartment on September 1, 1975 at a
rental of $335.00 per month.
The owner was served with a copy of the complaint and was
directed to submit a complete rental history for the subject
apartment from the base date including copies of all leases. On
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February 5, 1981, the owner submitted a complete rental history
including copies of the rent ledgers for the period from September
1, 1979 through September, 1980, and stated that the tenant had
refused to sign leases for this period so that the owner charged
the tenant one year lease renewal guideline increases during this
period.
In a reply to the owner's answer dated February 27, 1981, the
tenant conceded that he refused to sign lease renewals in order
"to stop the ceaseless increasing demand of the owner". The
record further shows that subsequent to September, 1980, the
tenant did not actually sign a renewal lease until the two year
lease commencing September 1, 1983.
In Order Number CDR 30,420, the Rent Administrator determined
that the owner had not collected a rent overcharge. In this
determination, the Rent Administrator credited the owner with four
one year lease renewal guideline increases effective September 1,
1979, September 1, 1980, September 1, 1981, and September 1, 1982
- the period for which the tenant refused to sign renewal leases.
In this petition, the tenant alleges in substance that a rent
overcharge should have been found because all his lease renewals
from September 1, 1979 through August 31, 1983 were two year
leases. The tenant submitted no evidence in support of his
contention.
The Commissioner is of the opinion that this petition should
be denied.
In the instant case, the record, including the tenant's own
assertion that he refused to sign renewal leases, discloses that
the tenant would not sign renewal leases during the period from
September 1, 1979 through August 31, 1983 although duly afforded
an opportunity to do so by the owner in accordance with the Rent
Stabilization Law and Code. In such circumstances, the
Commissioner is of the opinion that it was proper to increase the
rent during this period by annual guideline increases as if the
tenant was signing one year lease renewals. Accordingly, the Rent
Administrator correctly found that no rent overcharge had
occurred.
THEREFORE, in accordance with the provisions of the Rent
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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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