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.:BH 410022-RT
CHARLES BERENDZEN RENT ADMINISTRATOR'S
DOCKET NO.:L 3110445-R
PETITIONER : (CDR 7,201 as amended)
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 4, 1987 the above-named tenant filed a petition for
administrative review of an order issued on July 1, 1987 by a District Rent
Administrator concerning the housing accommodation known as 252 East 61st
Street, Apartment 2GN, New York, New York wherein the Rent Administrator
determined that the owner had not overcharged the tenant.
The Commissioner has reviewed all of the evidence in the record and has
carefully considered that portion of the record relevant to the issues
raised by the petition for administrative review.
The tenant originally commenced this proceeding by filing a complaint of
rent overcharge alleging that the owner had unlawfully collected a rent
that exceeded the stabilized guidelines based on his partial commercial use
of the apartment. The owner answered that the complainant's tenancy was
not subject to the Rent Stabilization Law (RSL) based on his commercial use
of the apartment.
In Order Number CDR 7,201, the Administrator determined that the
complainant's tenancy was subject to the RSL and that the owner had
overcharged the tenant. The Administrator also ordered the owner to offer
a renewal lease to the tenant.
Subsequently, the owner filed a petition for administrative review of the
above order. Under Docket No. ARL 08608-L, the Commissioner remanded this
proceeding for further processing.
In the order here under review, the Administrator determined that the
subject apartment was subject to the RSL but that no overcharges occurred.
The Administrator determined that the subject apartment had received an
exemption from rent control based on its mixed residential and commercial
use. Based on the Matter of Zeitlin v. CAB, 46 N.Y. 2d 992 416 N.Y.S. 2d
233 (1979), the Administrator found that the subject unit became subject to
the RSL on July 1, 1974 at the rent in effect on June 30, 1974 and not in
1969 at the rent in effect on May 31, 1968. Because the overcharge found
in the original order was based solely on a rent increase in 1971, the
Administrator determined that no overcharge occurred.
In his petition for administrative review, the tenant failed to state any
objections to the Administrator's order.
DOCKET NUMBER: BH 410022-RT
Subsequently, the Commissioner afforded the tenant a second opportunity to
state his objection to the Administrator's order. In the subsequent
submission the tenant stated that the Administrator incorrectly interpreted
the applicable case law. The remainder of the tenant's submission states
a variety of grievances against the owner and includes a number of exhibits
which allegedly demonstrate unfair treatment by the owner. Many of the
submissions refer to the original Administrator's order and not the
Administrator's amended order here under review.
After careful consideration, the Commissioner is of the opinion that this
petiton should be denied.
The determinative case is Zeitlin. The Commissioner finds that the
Administrator correctly applied the case to the facts in this proceeding.
The subject apartment received an exemption from rent control based on
mixed residential and commercial use. The apartment became subject to the
Rent Stabilization Law on July 1, 1974. The rent being charged to the
petitioner on June 30, 1974 was not challengeable by the tenant.
The remainder of the tenant's pleading cites no errors of law or fact made
by the Administrator in the amended order here under review.
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