BL 610081-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 610081-RO
724 E. 216TH STREET CORP.,
c/o ANTHONY TESTAMARK, DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.:
PETITIONER T/C 075903-G
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 14, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review of an order issued on November
12, 1987, by the District Administrator, 10 Columbus Circle,
New York, New York, concerning the housing accommodation known as
Apartment 1-D, 724 East 216th Street, Bronx, New York 10467,
wherein the District Administrator determined that the tenant had
been overcharged.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the administrative appeal.
This proceeding was commenced by the filing of a rent overcharge
complaint by the tenant with the New York City Conciliation and
Appeals Board (CAB), one of the predecessor agencies to the
Division of Housing and Community Renewal (DHCR). The tenant
took occupancy pursuant to a lease commencing April 1, 1982 and
expiring March 31, 1983 at a monthly rent of $350.00.
The owner was served with a copy of the complaint and was re-
quested to submit rent records to prove the lawfulness of the
rent being charged. The owner did not interpose an answer.
In the order under appeal herein, the District Rent Administrator
established the lawful stabilized rent using the default
procedure based on the owner's failure to submit the required
rent records, set the lawful stabilized rent at $319.50 as of
October
1, 1985 through September 30, 1987 and ordered a refund of
charges in the amount of $5,311.89, including treble damages on
overcharges collected on or after April 1, 1984.
In its petition, the owner contends that the District Rent
Admin-istrator's order is incorrect and should be revoked and
asserts that there has been no overcharge and that the owner is
in com-pliance with all requests.
In answer to the petition the tenant responds that she believes
she was overcharged because the owner refused to give her a
rental history.
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 sub-
ject to rent stabilization, if later) to date and to produce such
records to the DHCR upon remand.
The evidence of record indicates that the agency's notices,
properly addressed to the owner and sent by certified mail, were
returned unclaimed. The Commissioner therefore finds that the
Administrator properly established the rent using the default
procedure.
Because this determination concerns lawful rents only through
September 30, 1987, the owner is cautioned to adjust subsequent
rents to an amount no greater than that determined by this order
plus any lawful increases, and to register any adjusted rents
with this order and opinion being given as the explanation for
the adjustment.
The total amount of overcharge is $5,311.89. This order may upon
the expiration of the period in which the owner may insti-tute a
proceeding pursuant to Article 78 of the Civil Practice Law and
Rules, be filed and enforced in the same manner as a judgement.
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 District Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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