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.: BF 110062-RT
:
DRO DOCKET NO.: Q 3118854-R
ARTHUR & CAROL BERMAN,
PETITIONER :
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ORDER AND OPINION DENYING ADMINISTRATIVE APPEAL
On June 4, 1987 the above-named petitioner-tenants filed an Administrative
Appeal against an order issued on May 22, 1987 by the District Rent
Administrator (10 Columbus Circle, New York, N.Y.) concerning the housing
accommodations known as 136-02 B 68th Drive, Flushing, New York, Apartment
No. 2, wherein the Administrator ordered the owner to refund an overcharge
of $8.28 to the tenant.
The tenants commenced the proceeding below by filing a complaint of Rent
overcharge on March 28, 1983, stating that their tenancy commenced on July
1, 1968 at the monthly rental of $189.00. The owner was served with a
copy of the tenants' complaint and was directed to submit a full rental
history. In response, the owner submitted copies of all leases for the
subject tenants.
The District Rent Administrator's order, appealed herein, stated that the
owner complied with the notice to submit a complete rental history for the
subject apartment from its base date and found the overcharge of $8.28.
On appeal, the petitioner-tenants contend, in substance, that (A) The rent
charged to the petitioners in July of 1968 was not based on a legal Rent
Guidelines Board percentage increase; (B) The prior stabilized tenant's
rent needs to be used as the base rent; and (C) The landlord has not
submitted to the DHCR proof of the prior tenant's rent.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal should be
denied.
The Commissioner notes that while the tenant may be correct that the base
date for the subject apartment is May 31, 1968, the default procedure
adopted by the New York City Conciliation and Appeals Board (and continued
by its successor, the DHCR) calls for rent records only from June 30,
1974. While the DHCR might require rent records from May 31, 1968 in an
appropriate case, rent records are required only from June 30, 1974 when
there is an appearance of regularity, as in the present case, where the
subject tenants were initially charged $189.00 in 1968, and the total
amount of overcharge over the following eighteen years came to $8.28
(Accord: AK 410527-RO ET AL).
DOCKET NUMBER: BF 110062-RT
In conclusion, the Commissioner notes that the DHCR's use of June 30, 1974
as a base date has been upheld by the courts (see Cohen v. Mirabal, 527
N.Y.S.2D 34).
On the basis of the entire evidence of record, it is found that the
Administrator's order is correct and should be affirmed.
THEREFORE, in accordance with the applicable provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the Administrative appeal be, and the same hereby is denied;
and the Administrator's order be, and the same hereby is affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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