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
APPEAL OF ADMINISTRATIVE REVIEW
Penzance Associates D.R.O. DOCKET NO:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 6, 1987 above named petitioner filed a Petition for
Administrative Review against an order issued on April 13, 1987
by the Administrator, (Gertz Plaza) concerning housing
accommodations known as Apartment 4E, 43-46 118 Street, Kew
Gardens, New York, wherein the Administrator determined the fair
market rent pursuant to the special fair market rent guideline.
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 on
September 9, 1985 a complaint of rent overcharges, wherein the
tenant stated that she executed a one year vacancy lease
vacancy lease effective May 1, 1985 at a rental of $536.00 per
month; that the maximum allowable rent for the apartment prior to
his tenancy was $298.85; and that the rental charged for said
vacancy lease is excessive.
In response, the owner stated, in substance, that the subject
tenant is the first tenant under rent stabilization since the
previous tenant was rent controlled; that the maximum base rent
for the subject apartment was $311.67; and that the rental
charged was based on a fair market value utilizing the comparable
rent prevailing in the same area.
On July 9, 1986, the owner was served with notices requesting
additional information including comparability data for the
subject apartment. The owner failed to do so.
The Rent Administrator's order, appealed herein established the
fair market rent for the subject apartment at $387.82 per month
Docket No. BE110321RO - 2 -
based on the special fair market rent guideline order number 16.
The owner was directed to refund to the tenant excess rent in
the total amount of $3671.88, including excess security.
In this petition, the owner fails to set forth any legal or
factual objection to the Administrator's order.
On June 3, 1991, a notice was mailed to the owner requesting
that it set forth objections to the order being appealed within
20 days but the owner failed to respond.
Accordingly the Commissioner is of the opinion that there is no
further issues to be determined herein and thus the petition
should be denied.
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
Joseph A. D'Agosta