BI 410174 RO

                                STATE OF NEW YORK
                          OFFICE OF RENT ADMINISTRATION
                                   GERTZ PLAZA
                             92-31 UNION HALL STREET
                             JAMAICA, NEW YORK 11433

      APPEAL OF                              DOCKET NO. BI 410174 Ro

                                          :  DISTRICT RENT OFFICE
           Martin Baumrind,                  DOCKET NO. L 3114583 R
                                                        CDR 31,187
                                             TENANT: Ted Marks                
                            PETITIONER    : 


      On September 15, 1987, the above-named petitioner-owner filed a Petition 
      for Administrative Review against an order issued on August 25, 1987, by 
      the Rent Administrator, 10 Columbus Circle, New York, New York, 
      concerning the housing accommodations known as 211 East 10th Street, 
      New York, New York, Apartment No. 7 wherein the Rent Administrator 
      determined that the owner had overcharged the tenant.
      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 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 in March 1984 of 
      a rent overcharge complaint by the tenant.

      There is no evidence in the file to indicate that the owner submitted a 
      timely response to the tenant's complaint.

      In Order Number CDR 31,187, the Rent Administrator determined that due 
      to the owner's failure to submit a complete rental history, the owner 

          BI 410174 RO

      had collected a rent overcharge of $3,853.09 including interest on that 
      portion of the overcharge occurring on and after April 1, 1984.

      In this petition, the owner contends in substance that the requested 
      rental history had been submitted to the Rent Administrator.  The owner 
      submitted with its petition a rental history form stating that July 1, 
      1979 was the base date for the subject apartment and listing 2 prior 
      tenants (Engler and Easton); a bill for a refrigerator and stove dated 
      May 20, 1981 and a rent ledger for July - December 1979 indicating that 
      no rent was collected for the apartment from July through October 1979 
      and that a rental of $315 was collected for November and December 1979.

      In answer to the owner's petition, the tenant stated in substance that
      the petition should be denied because the rental history is incomplete 
      and no new appliances were installed.  The tenant submitted a notarized 
      statement signed by prior tenant (Hilary Easton) attesting to the fact 
      that no new appliances were installed during her tenancy September 1980 
      through September 1981 nor did she see any new appliances during 
      subsequent visits to the apartment after 1981.

      The Commissioner is of the opinion that this petition should be denied.

      Section 42A of the Rent Stabilization Code requires that an owner retain 
      complete records for each stabilized apartment in effect 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 decontrol and submit a rental history from that date.

      The record in this case does not indicate that the owner submitted an 
      answer in the proceeding before the Rent Administrator as claimed on 
      appeal.  Moreover, the owner's submission on appeal contained no actual 
      rental documentation of the base date and subsequent rental history, and 
      no documentation of the cost of new equipment.

      Accordingly, the Rent Administrator's order establishing the lawful 
      stabilization rent utilizing the Section 42A default procedure and 
      finding a rent overcharge was warranted.

      Because this determination concerns lawful rents only through           
      July 14, 1987, 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.

      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 in the same manner as a judgment or not 
      in excess of twenty percent per month thereof may be offset against any 
      rent thereafter due the owner.

      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.

          BI 410174 RO


                                      JOSEPH A. D'AGOSTA
                                      Acting Deputy Commissioner


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