STATE OF NEW YORK
                            OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                               JAMAICA, NEW YORK 11433

     APPEAL OF                              DOCKET NO. BH310287RT

          Susan A. Wilkes                :  DISTRICT RENT ADMINISTRATOR'S
                                            DOCKET NO. L001746R         
                                            OWNER: W & W Realty Corp.  
                           PETITIONER    : 


     On August 11, 1987, the above-named tenant filed a petition for 
     administrative review of an order issued on July 7, 1987 by a District Rent 
     Administrator concerning the housing accommodations known as 51 Seventh 
     Avenue South, Apartment 2B, New York, New York, wherein the Administrator 
     determined that no overcharge had occurred.

     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 commenced on April 29, 1985.  The tenant stated that the 
     owner had never removed the $8.00 fuel passalong charge from her rent and 
     allowed the $8.00 to be included in future rent renewals.  The tenant 
     acknowledged that she was served with the Initial Apartment Registration Form 
     (RR-1) on March 31, 1984 and that she did not file a challenge to the initial 
     registered rent.

     In the Administrator's order here under review, the Administrator determined 
     that the owner had properly registered the April 1, 1984 rent for the subject 
     apartment and served the tenant with a copy of the initial registration as 
     required, that the tenant did not file a timely objection to the initial 
     registered rent, and therefore the April 1, 1984 registered rent of $283.60 
     was the lawful rent.  Accordingly, the Administrator found that no overcharge 

     In her petition for administrative review, the tenant restates that the basis 
     of her complaint was that she was charged the fuel passalong for too long a 
     period of time.  Accordingly, she alleges that the Administrator had 
     misunderstood her claim.

     The  Commissioner is of the opinion that this petition for administrative 
     review should be denied.

     Section 2526.1(a)(2)(ii) of the Rent Stabilization Code is determinative of 
     the issue in this case.  The section states:

          any complaint based upon overcharges occurring prior to the date of 
          filing of the initial rent registration for a housing accommodation 
          pursuant to Part 2528 of this Title (Registration of Housing 
          Accommodations) shall be filed within ninety days of the mailing of 
          notice to the tenant of such registration.


     In this case, the tenant was served with the initial registration and failed 
     to file a timely challenge to the initial registered rent.  Accordingly, the 
     Administrator correctly determined that the tenant could not challenge 
     overcharges occurring before April 1, 1984 via an overcharge complaint filed 
     on April 29, 1985.

     THEREFORE, in accordance with the Rent Stabilization Law and Code, it is

     ORDERED, that this petition for administrative review be, and the same hereby 
     is, denied, and Administrator's order be, and the same hereby is, affirmed.


                                     JOSEPH A. D'AGOSTA
                                     Deputy Commissioner

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