BI 110217 RT
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. BI 110217 RT
: DISTRICT RENT OFFICE
DOCKET NO. ZAD 110268 R
Karen A. Belove,
TENANT: Karen A. Belove
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 20, 1987, the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on August 24,
1987, by the Rent Administrator, 92-31 Union Hall Street, Jamaica, New
York, concerning the housing accommodations known as 40-15 193rd Street
Flushing, New York, Apartment No. #3, wherein the Rent Administrator
determined that the owner had not overcharged the tenant.
The Administrative Appeal is being determined pursuant to the provisions
of Section 2526.1 of the Rent Stabilization Code.
The issue herein is whether the Rent Administrator's order was
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 of a rent
overcharge complaint by the tenant in April 1986. The owner was served
with a copy of the tenant's complaint and on May 22, 1986 submitted a
copy of the RR1 form and certificate of mailing postmarked May 18, 1984
and stated in substance that the tenant's rent in effect on April 1,
1984 was the Initial legal registered rent which the tenant failed to
challenge in a timely manner although the tenant acknowledges receipt of
the RR1 form in May 1984 in her complaint.
In Order Number ZAD 110268 R, the Rent Administrator established the
initial registered stabilized rent as $546.00 effective April 1, 1984
and determined that the tenant had not been subsequently overcharged.
During the pendency of the appeal, the tenant advised the agency that
she vacated the subject apartment and submitted a forwarding address.
In this petition, the tenant contends in substance that the Rent
Administrator misunderstood her complaint and that she was questioning
an increase in November 1982 to the prior tenant's rent from $320 to
$525.00 which was compounded into her vacancy rent of $546.00.
BI 110217 RT
In answer to the tenant's petition, the owner stated in substance that
the order was warranted and resubmitted a copy of its submission of May
22, 1986 which had been previously submitted to the Rent Administrator.
The Commissioner is of the opinion that this petition should be denied.
Section 2528.1 of the Rent Stabilization Code requires that the owner
file an Initial Apartment Registration Form (RR1) indicating the rent in
effect on April 1, 1984 with the Agency and serve a copy of such form on
the rent stabilized tenant in occupancy on April 1, 1984.
Section 2526.2(a)(ii) states in pertinent part that any complaint based
upon overcharges occurring prior to the date of filing of the initial
rent registration ... shall be filed within ninety days of the mailing
of the notice to the tenant of such registration.
The Regulations do not provide for any extension of this 90 day period.
An examination of the record discloses that in the instant case, the
tenant concedes that an Initial Apartment Registration form was received
by her in May 1984 and the owner proved the service of such notice by
the submission of a Certificate of Mailing postmarked by the USPS on May
18, 1984 which indicates the complainant at the subject address as the
recipient of the May 18, 1984 mailing.
The tenant's complaint was filed on April 22, 1986 which is in excess of
the 90 day Statutory period in which to challenge the Initial Legal
Registered Rent and therefore the Rent Administrator was precluded from
considering any complaint based upon on overcharge occurring prior to
the filing of the initial registration which in the instant case was
April 1, 1984.
Accordingly, the Rent Administrator's order was warranted.
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. A copy of this order is being served on
the current occupant of the subject apartment.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner