BH 410330 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 410330 RO
TOCKWOTTEN ASSOCIATES INC.,
DRO DOCKET NO.: L 3110177 R
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On August 19, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
July 17, 1987, by the District Rent Administrator, 10 Columbus
Circle, New York, New York, concerning housing accommodations
known as Apartment 3R, 230 West 16th Street, New York, New York,
wherein the District Rent Administrator determined that the
tenant had been overcharged.
The Commissioner notes that this proceeding was initiated 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 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 administrative appeal.
This proceeding was originally commenced by the filing of a rent
overcharge complaint by the tenant with the New York City
Conciliation and Appeals Board, one of the predecessor agencies
to the Division of Housing and Community Renewal (DHCR). The
tenant took occupancy pursuant to a lease commencing August 1,
1983 and expiring July 31, 1984 at a monthly rent of $662.96.
In the Order herein appealed, the District Rent Administrator
established the rent at $393.24 as of August 1, 1983 through July
31, 1984 based on the owner's failure to provide a full rental
history to the base date, and ordered a refund of the overcharges
in the amount of $3,518.55 through July 31, 1984 including
interest and excess security.
In this petition, the owner contends that the District Rent
BH 410330 RO
Administrator's Order is incorrect and should be reversed because
it had provided a rental history and documents in connection with
the tenant's complaint, and the Administrator should not have
reduced the rent to the lowest in the line as this was not a Fair
Market Rent Appeal. In support of its contention the owner
submits a DC-2 notice and vacancy lease for the first rent
stabilized tenant beginning July 1, 1978 and rent ledgers for
subsequent tenants for the period July 1, 1979 - July 31, 1984.
In answer to this petition, the tenant contends that the order
should be upheld because she had been told by other tenants and
the superintendent that the owner had raised some rents
illegally, and the owner has presented insufficient evidence of
past rents and no proof as to which tenant was the first rent
stabilized tenant in the apartment.
The Commissioner is of the opinion that this petition should be
The evidence of record indicates that from the time tenant's
complaint was initially filed on March 28, 1984 until the
Administrator's order was issued on July 17, 1987, the owner was
asked on several occasions to submit leases or other rental
documents to establish the rent for the subject apartment from
the base date. By letter dated September 26, 1984 the owner
advised that he was completing a rental history together with
appropriate leases and that same would be filed with the agency.
Two and a half years later, in response to a Final Notice of
Pending Default dated February 23, 1987 the owner again advised
by letter dated March 20, 1987 that he was trying to assemble the
proper documents to answer the tenant's complaint. The record
does not contain the documents which, the owner alleges on
appeal, were filed in the proceeding before the Administrator.
The owner submits no evidence, either in the form of proof of
mailing or copy of a cover letter which may have accompanied the
submission of rental records, that the required documentation was
submitted below. Based on these facts, the Commissioner finds
that the owner's assertion is not credible.
The Commissioner rejects the owner's contention that, as the
proceeding did not involve a Fair Market Rent Appeal, the
administrator should not have reduced the rent to the lowest in
the line. The Commissioner finds that the Administrator properly
found the owner in default and determined the rent pursuant to
established and judicially approved procedures.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is denied
and the District Rent Administrator's order be, and the same
hereby is affirmed.
BH 410330 RO
JOSEPH A. D'AGOSTA