BL 610331 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. BL 610331 RO
235TH STREET CORPORATION,
DISTRICT RENT ADMINISTRATOR'S
DOCKET NO. AA 600805 R
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 24, 1987 the above-named owner timely filed a
petition for administrative review of an order issued on November
2, 1987 by a District Rent Administrator concerning the housing
accommodation known as Apartment, E6, 710 East 235th Street,
Bronx, New York, wherein the 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 petition for review.
On November 25, 1985, the subject tenant filed a complaint of
rent overcharge with the Division of Housing and Community
The tenant took occupancy pursuant to a two-year lease commencing
on November 1, 1984 and expiring on October 31, 1986, at a
monthly rent of $379. 05.
The owner in its answer, dated February 13, 1986, alleged that
the complainant's initial rent was derived by the prior tenant's
rent of $325.00 plus rent guideline increases for a two-year
lease plus a vacancy increase.
On July 20, 1987, the Administrator mailed a "Request for
Additional Information/Evidence" to the owner, requesting that
the owner submit a copy of the lease that was in effect prior to
the complainant's initial occupancy to substantiate the vacancy
allowance that was claimed. In addition, the Administrator
requested that the owner submit a copy of the 1984 apartment
On August 12, 1987, the Administrator remailed the aforementioned
"Request for Additional Information/Evidence" to the owner.
The owner did not submit these requested items to the
BL 610331 RO
In the order reviewed herein, the Administrator found that there
was a rent overcharge, in the amount of $1,044.15, including
excess security and accrued interest from April 1, 1984.
The owner's petition reiterates its allegation found in its
answer to the Administrator, dated February 13, 1986, and the
owner asserts that the complainant's initial rent was the legal
regulated rent. To its petition the owner attaches the lease
which was in effect prior to the complainant's initial occupancy,
and a "1985 Rent Registration Worksheet" which allegedly shows
that the complainant's initial lease was a vacancy lease for two
After careful consideration, the Commissioner is of the opinion
that the owner's petition should be denied.
As the owner has not established that the lease which it submits
for the first time upon administrative review could not
reasonably have been offered or included in the proceeding before
the District Rent Administrator, it is outside the scope of the
Commissioner's review in this proceeding, and will not be
considered in establishing the rent.
The Commissioner further finds that as the owner did not
substantiate its allegation that it was entitled to a vacancy
increase, the Administrator's order was properly determined.
Accordingly, the Commissioner is of the opinion that the Rent
Administrator's order should be affirmed.
The owner is cautioned that rents for the period from November
30, 1987 and thereafter as established by the Rent
Administrator's order of November 2, 1987 were not stayed by the
filing of the petition for administrative review and remain in
full force and effect.
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; and it is
FURTHER ORDERED, that if the owner, 235th Street Corporation, has
not refunded to the tenant all amounts not yet refunded
representing overcharges, penalties, and excess security deposit
upon the expiration of the period for seeking judicial review of
this order pursuant to Article 78 of the Civil Practice Law and
Rules, and the tenant has not credited any such amounts, the
tenant may file and enforce a certified copy of this order as a
judgment for the amount of $1,044.15, as against 235th Street
BL 610331 RO
JOSEPH A. D'AGOSTA