BH310287RT
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. BH310287RT
Susan A. Wilkes : DISTRICT RENT ADMINISTRATOR'S
DOCKET NO. L001746R
OWNER: W & W Realty Corp.
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
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
occurred.
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.
BH310287RT
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.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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