BH 410120 RO
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 410120 RO
: DRO DOCKET NO.L-3110630-R/T
PERRY AGIOVLASITIS TENANT: MARIA C. BAEZ
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN PART
On August 22, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on July
22, 1987, by the Rent Administrator, 10 Columbus Circle, New York,
New York, concerning the housing accommodations known as 230 West
108th Street, New York, New York, Apartment No. 5A, wherein the Rent
Administrator determined that the owner had overcharged the
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 42A of the former Rent Stabilization Code.
The issue herein is whether the Rent Administrator's order
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 in
March 1984, of a rent overcharge complaint by the tenant in which
the tenant stated that she first moved to the subject apartment on
May 1, 1975 at a rental of $220.00 per month. The tenant further
submitted a rental history of the subject apartment.
It is unclear from the record whether the owner was properly
served with a copy of the tenant's complaint and afforded an
opportunity to respond. In an event, no response was received
from the owner.
BH 410120 RO
In Order Number CDR 30,987, the Rent Administrator determined
that the owner had failed to submit a complete rental history and
based thereon, found that the tenant had been overcharged in the
amount of $11,028.34 including excess security and interest on
that part of the overcharge occurring on and after April 1, 1984,
and directed the owner to refund such overcharge to the tenant.
In this petition, the owner contends in substance that it is
now submitting a complete rental history and that in fact no rent
overcharge occurred. In support of such contention, the owner
submitted copies of leases for the subject apartment which are in
agreement with the rental history previously supplied by the
tenant. The owner also submitted a copy of a Report of Statutory
Decontrol (docket 2 DR 7160 submitted to the Rent Office in 1975)
which established that the subject apartment was vacancy
decontrolled from Rent Control on April 15, 1975 and rented to the
tenant herein, the first rent stabilized tenant, on May 1, 1975.
The Commissioner is of the opinion that this petition should
be granted in part.
Section 42A of the former Rent Stabilization Code requires
that an owner retain complete records for each stabilized
apartment from June 30, 1974 to date and produce them to the DHCR
upon demand. If the apartment was decontrolled from the Rent
Control Law after June 30, 1974, the owner must provide
satisfactory documentary evidence of the apartment's date of
An examination of the records in this case discloses that the
owner has now submitted a complete rental history which is in
agreement with the rental history previously submitted by the
tenant. In addition, the owner has submitted proof that the
tenant herein was the first rent stabilized tenant. Because the
record is not clear as to whether the owner was afforded an
opportunity to submit a complete rental history in the proceeding
before the Rent Administrator and because the tenant did in fact
submit a complete rental history in such proceeding the
Commissioner deems it appropriate to accept the owner's
submissions on the appeal level.
The Commissioner has recalculated the lawful stabilization
rents and amount of the rent overcharge for the subject apartment
on the basis of the rental history submitted by the owner. The
lawful stabilization rents and the amount of the rent overcharge
are set forth on the amended rent calculation chart attached
hereto and made a part hereof.
Because this determination concerns lawful rents only
through July 31, 1987, the owner is cautioned to adjust subsequent
rents to an amount no greater than that determined by this
order plus any lawful increases, and to register any adjusted
rents with this order and opinion being given as the explanation
for the adjustment.
BH 410120 RO
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 as a judgment
or not in excess of twenty percent per month thereof may be offset
against any rent thereafter due the owner.
If the owner has already complied with the Administrator's
order and there are arrears due to the owner as a result of the
instant determination, the tenant is permitted to pay off the
arrears in twenty four equal monthly installments.
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, granted in part, and, that the order of the
Rent Administrator be, and the same hereby is, modified in
accordance with this order and opinion. The lawful stabilization
rents and amount of rent overcharge are established on the
attached chart which is fully made a part of this order. The
amount of the rent overcharge through July 31, 1987 is $1163.25.
JOSEPH A. D'AGOSTA
BH 410120 RO