BI 110309 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. BI 110309 RO
: DRO DOCKET NO.Q-3119695-S
YELLOW MANOR REALTY CO. TENANT: EVA GELBSTEIN
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 19, 1986, the above-named petitioner-owner filed
a Petition for Administrative Review against an order issued on
September 12, 1986, by the Rent Administrator, 10 Columbus Circle,
New York, New York, concerning the housing accommodations known as
68-61 Yellowstone Blvd., Queens, New York, Apartment No. 404,
wherein the Rent Administrator determined that the owner had
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
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 who
first moved to the subject apartment prior to 1968.
Subsequently, the tenant submitted a rental history for the
The owner was served with a copy of the complaint on November
2, 1984 and was directed to submit a complete rental history for
the subject apartment from the base date including copies of all
leases. No response was received from the owner. On July 18,
1986, the owner was served with a Final Notice of Pending Default
and again directed to submit a complete rental history. No
response was submitted by the owner.
In Order Number CDR 22,163, the Rent Administrator, based on
the rental history submitted by the tenant, determined that the
owner had collected a rent overcharge of $888.96 through May 31,
1986, and directed the owner to refund the overcharge to the
tenant. In said order it was incorrectly stated that the owner
had submitted a complete rental history from June 30, 1974.
BI 110309 RO
In this petition, the owner alleges in substance that the
lease history used in the Rent Administrator's order is different
from the lease history submitted by the owner in that the tenant's
leases all began on October 1 and not on June 1 as stated in the
Rent Administrator's order. No copies of any leases were
submitted by the owner with its petition.
The Commissioner is of the opinion that this petition should
An examination of the records in this case discloses that the
lawful stabilization rents and amount of rent overcharge listed in
the Rent Administrator's order were based on the rental history
submitted by the tenant and that contrary to the owner's
contention on appeal, the owner did not in fact submit a rental
history either in the proceeding before the Rent Administrator nor
on the appeal level. Due to the owner's default, the Rent
Administrator's determination, based on the rental history
supplied by a tenant who was in continuous occupancy of the
subject apartment from prior to 1968, was warranted. However, the
Rent Administrator's order is hereby modified to delete the
sentence stating that the owner had supplied a rental history for
the subject apartment.
Because this determination concerns lawful rents only through
May 31, 1986, the owner is cautioned to adjust subsequent rents
to an amount no greater than that determined by the Rent
Administrator's order plus any lawful increases and to register
any adjusted rents with this order and opinion being given as the
explanation for the adjustment.
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, not in excess of twenty percent per month
of the overcharge may be offset against any rent thereafter due
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 as modified.
BI 110309 RO