Docket No. BG 420241-RT
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. BG 420241-RT
DISTRICT RENT
MIRIAM BARRET ADMINISTRATOR'S DOCKET
NO. AH 520196-R
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 2, 1987, the above-named tenant filed a petition for
administrative review of an order issued on June 24, 1987 by the
Rent Administrator concerning housing accommodations known as
Apartment 51, 108 Ellwood Street, New York, New York.
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 in the petition for administrative review.
This proceeding was commenced on August 11, 1986 by the filing
of a tenant's overcharge complaint in which the tenant alleged that
the owner is collecting $235.00 per month in rent, and that the
complainant's apartment is subject to rent control.
The complainant commenced occupancy in the subject apartment on
January 1, 1971, at a monthly rent of $95.97.
On September 4, 1986, the subject owner filed its response,
which pointed out that the subject apartment is rent stabilized.
On April 13, 1987, the subject owner submitted to the rent
agency a signed statement from the subject building's
superintendent that stated that he personally served the 1984
apartment registration on the subject tenant.
To the superintendent's statement the owner attached the
subject apartment's 1984 apartment registration statement which
lists the April 1, 1984 rent as $235.00 per month.
The rent agency's record reflects that the Department of
Housing, Preservation and Development of The City of New York (HPD)
issued an order on April 28, 1982, under Docket No. 2ACS 2945-67,
which stated that:
Docket No. BG 420241-RT
Article 15 of the Private Housing Finance Law
provides that the Agency may grant a rehabilitation loan,
in participation with a private lending institution, and
that the Agency shall after the completion of the
rehabilitation of a multiple dwelling, establish initial
rents for all rental units in the multiple dwelling
whether stabilized, controlled or not currently subject
to regulation. Pursuant to Section 804 of the Private
Housing Finance Law, after the establishment of rents,
the owner shall offer tenants in occupancy a new two year
lease at such rent. A tenant may sign such a lease or
request a one year lease if he or she wishes to remain in
occupancy; in either case, the owner may demand the new
rent established herein from the effective date of this
Order and Report. Subsequent rent increases and lease
renewals are subject to the laws, rules and regulations
of the rent stabilization system.
The above-mentioned order determined that the subject apartment
"was rehabilitated pursuant to Article 15 of the Private Housing
Finance Law," and established a new initial rent for the subject
apartment of $235.00 per month, effective May 1, 1982, pursuant to
the applicable section of the Private Housing Finance Law. The
order further stated that, "by operation of law, units heretofore
subject to the rent control laws are no longer controlled and are
hereby stabilized on such effective date."
In the order under review herein, the Administrator noted that
pursuant to Article 15 of the Private Housing Finance Law the
subject apartment was decontrolled, and that the order issued by
HPD established the subject apartment's initial regulated rent at
$235.00 per month, effective on May 1, 1982. The Administrator's
order also determined that the owner served the apartment
registration form on the subject tenant; that, "The rent charged
and collected by the owner at time of the tenant's complaint is the
same amount set forth as the Initial Legal Registered Rent"; that
the subject tenant did not file a timely objection to the initial
rent, and therefore the April 1, 1984 registered rent of $235.00
per month is the initial legal regulated rent for the subject
apartment.
The tenant's petition asserts, among other things, that an
earlier order by the rent agency issued on February 3, 1987, under
Docket No. 40273, determined that the complainant was a rent-
controlled tenant and had filed a timely objection to the apartment
registration. The subject tenant also asserts that there has been
a diminution of services in the subject apartment and building.
To the petition the subject tenant attaches a copy of the
aforementioned order, under Docket No. 40273, which determined that
the subject apartment is rent controlled.
Docket No. BG 420241-RT
After careful consideration, the Commissioner is of the opinion
that this proceeding should be terminated.
The Commissioner notes that by a subsequent order issued on
April 7, 1989, under Docket No. DC 510068-RP, the Administrator
revoked its earlier order issued on February 3, 1987, under Docket
No. 40273.
The rent agency's record reflects that the order issued by HPD
was not revoked. Pursuant to HPD's order, the Commissioner finds
that the subject apartment as of May 1, 1982 became rent
stabilized, and that the subject apartment is presently under the
jurisdiction of the Rent Stabilization Law and Code.
As the order issued by HPD established the subject apartment's
initial legal regulated rent at $235.00 per month, and that the
tenant admits that $235.00 per month is the amount that the subject
owner was collecting at the time of the commencement of the
overcharge complaint, the Commissioner finds that the
Administrator's order should not be disturbed, and that the
aforementioned HPD order is binding on the parties to this
proceeding.
The Commissioner notes that this order is being issued without
prejudice to the tenant's right to file a complaint for a reduction
of rent due to a diminution of services, if it is warranted, under
the provisions of the Rent Stabilization Law and Code. The
Commissioner further notes that this order does not prejudice the
tenant's right to file a future overcharge complaint, if it is
warranted, under the provisions of the Rent Stabilization Law and
Code.
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:
Joseph A. D'Agosta
Acting Deputy Commissioner
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