BI 110217 RT

                                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

      ------------------------------------X 
      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          
                
                            PETITIONER    : 
      ------------------------------------X                             

           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 
      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 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.


      ISSUED:



                                                                    
                                      JOSEPH A. D'AGOSTA
                                      Acting Deputy Commissioner


    

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