BL 110143 RO
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.: BL 110143 RO
DISTRICT RENT ORDER
Kola Camaj DOCKET NO.: Q 3118471 RT
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 28, 1987, the above named petitioner-owner filed a
Petition for Administrative Review against an order issued on
December 4, 1987, by the District Rent Administrator, 10 Columbus
Circle, New York, New York, concerning housing accommodations
known as Apartment 4A, 86-39 90th Street, Queens, New York,
wherein the Administrator established the legal regulated rent
for the subject apartment and directed the owner to refund to the
tenant any rent collected in excess of the legal regulated rent
as established in the Administrator's order.
The Commissioner notes that this proceeding was filed prior to
April 1, 1984. Sections 2526.1(a) 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 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 on March 30, 1984 by the
tenant filing an overcharge complaint with the former New York
City Conciliation and Appeals Board.
The owner was served with a copy of the complaint and was
requested to submit rent records from the base date to prove the
lawfulness of the rent being charged. In answer to the
complaint, the owner submitted rent ledgers started from February
1981.
Based upon a finding that the owner failed to submit a complete
rent history the Administrator applied the Section 42A default
procedures, established the lawful stabilization rent at $324.32
per month and ordered a roll back in the rent and a refund in the
amount of $4901.64, including interest.
BL 110143 RO
In his petition the owner contends, in substance, that the tenant
willingly executed a vacancy lease at a rental charge of $400.00;
and that the tenant is withdrawing her complaint. Submitted with
the petition is a signed statement by the tenant confirming same.
The Commissioner is of the opinion that this petition should be
denied.
Section 42A of the former Rent Stabilization Code requires that
an owner retain complete records for each stabilized apartment in
effect from June 30, 1974(or the date the apartment became
subject to rent stabilization, if later) to date and to produce
such records to the DHCR upon demand. If the apartment was
decontrolled from the Rent Control Law after June 30, 1974 the
owner must provide proof of the apartment's date of decontrol,
and produce a rental history from the date.
A review of the proceeding before the Administrator discloses
that the owner failed to submit a complete rental history from
the base date. Furthermore, the owner has not even complied with
the record keeping requirements of JRD, which mandates rent
records from at least April 1, 1980. Accordingly the
Commissioner finds that the Administrator properly found the
owner in default and determined the rent pursuant to established
and judicially approved procedures.
The Commissioner notes that the tenant's "withdrawal" of the
overcharge complaint on appeal may not be considered at this
stage of the proceeding nor does it effect the propriety of the
Administrator's determination.
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 Administrator's order be, and the same hereby is
affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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