BJ 110126 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
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. BJ 110126 RT
: DISTRICT RENT OFFICE
Margaret Littman, DOCKET NO. 051770
OWNER: Weinreb Mgt.
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 7, 1987, the above-named tenant filed a Petition for
Administrative Review against an order issued on September 4, 1987
by the Rent Administrator, Columbus Circle, New York, New York,
concerning the housing accommodations located at 65-61 Saunders
Street, Rego Park, New York, Apartment No. 5G, wherein the
Administrator had dismissed the rental aspect of a Tenant's
Objection to Rent/Services Registration.
This proceeding was commenced when the tenant filed that Objection
in September of 1984. Before that, however, she had filed a
Tenant's Complaint of Rent Overcharges, pursuant to which, under
docket number 82427-G, the Administrator on March 6, 1985,
determined that the rental history of these premises revealed no
overcharge. Later the order here appealed, referred to in the
caption above, provided: as to the rental aspect of the tenant's
Objection, that it was "a duplicate of a complaint . . . to which
docket number 82427-G was assigned," the determination of which had
"resolved the overcharge issue raised by the tenant," and that the
instant complaint would therefore be "dismissed"; and as to other
aspects of the Objection, that the registration of the premises
would be corrected to reflect facts brought out by the tenant.
In attacking that order, petitioner states that her apartment was
never "vacant" (and therefore never "qualified for vacancy
decontrol"), in that she moved in immediately after the previous
tenant had moved out.
The Commissioner is of the opinion that this petition should be
denied.
It is axiomatic that absent a timely appeal or a showing of fraud or
illegality or irregularity in vital matters, the Commissioner will
BJ 110126 RT
not decide issues of law or fact as to the merits of which this
Division has issued a prior determination after full opportunity to
litigate such issue was afforded to the party now seeking the new
determination.
Petitioner states no reason to upset the Administrator's decision
that her Objection, stating that her April 1, 1984 registered rent
constituted an overcharge, was duplicative of her earlier Complaint
that there was an overcharge involved in her leases for the period
from 1976 to 1985. While the two complaints are not identical, the
earlier finding, that there was no overcharge during the last-
mentioned period, must be deemed to have disposed of the later
allegation that the 1984 registered rent -- identical to the 1984
rent charged the tenant in the earlier proceeding -- was excessive.
In addition it is noted that contrary to the tenant's allegation on
appeal that the Rent Administrator in the order issued in 1985 under
docket number 82427-G had found no overcharge on the belief that the
subject apartment had been vacancy decontrolled immediately prior to
occupancy by the tenant herein, the 1985 order rather was based on
a complete rental history including the lease of a prior tenant
which was in effect from July 1973 to June 1976 and which listed a
rent of $250.00 for the subject apartment. The tenant herein paid
an initial rent of $285.00 effective November 1,
1976, pursuant to a three year lease; and since the owner was
entitled to guideline and vacancy allowances of 16% over the $250.00
prior
rent pursuant to Guideline 8, no rent overcharge occurred.
There is in sum no reason to revoke the Administrator's dismissal of
the overcharge aspect of the tenant's Objection, and
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be and the same hereby is denied, and
that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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