BI110498RT

                             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

      ------------------------------------X 
      IN THE MATTER OF THE ADMINISTRATIVE :  ADMINISTRATIVE REVIEW
      APPEAL OF                              DOCKET NO. BI110498RT

          Luke Nash,                      :  DISTRICT RENT ADMINISTRATOR'S
                                             DOCKET NO. BE110138R
                                            
                            PETITIONER    : 
      ------------------------------------X                             

           ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW

      On September 30, 1987, the above-named petitioner-tenant timely refiled 
      a petition for administrative review against an order issued on August 
      10, 1987 by a Rent Administrator, 92-31 Union Hall Street, Jamaica, New 
      York, concerning the housing accommodations known as Apartment No. 10, 
      31-69 37th Street, Astoria, New York, wherein the Rent Administrator 
      terminated the tenant's complaint because it solely concerned issues 
      which had been resolved in an earlier proceeding.

      The Administrative Appeal is being determined pursuant to the provisions 
      of Section 2526.1 of the Rent Stabilization Code.

      The issue herein is whether the Rent Administrator's order was 
      warranted.

      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 by the tenant's filing of a rent 
      overcharge complaint on May 15, 1987, which was assigned docket number 
      BE110138R.  The tenant assumed occupancy on August 1, 1982 pursuant to 
      a one year lease at a rent of $296.00 per month.  In the complaint the 
      tenant alleged that the owner's claim for $2,000.00 in apartment 
      improvements, in March, 1979, was "fraudulent", and that the $50.00 per 
      month "surcharge" was improper.

      In an order issued on August 10, 1987, the Rent Administrator terminated 
      the instant proceeding because the tenant's overcharge complaint had 
      been resolved in an order issued under docket number TC080168G, on 
      September 23, 1986.

      In this petition, the tenant contends that the subject of the complaint 
      had not been resolved in another proceeding, and that the Administrator 
      should not have terminated it.  The tenant repeats his claim that the 
      $50.00 per month added for improvements on March 1, 1979 was fraudulent 
      and that there were no such renovations.  Finally, the tenant states 
      that order TC080168G was appealed in a PAR that was timely filed by him.

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








          BI110498RT


      In Order TC080168G, issued on September 23, 2986, the Administrator 
      found that the rent charged in the lease commencing on March 1, 1979, in 
      the amount of $246.48, was the lawful rent.  In order to challenge the 
      $50.00 per month charge for apartment improvements which was included in 
      that amount,  the tenant was obligated to file a timely challenge to 
      that order, or else the Administrator's determination would become 
      final.  Despite the tenant's claim to the contrary, a review of DHCR 
      records and of the case file for that proceeding indicate that no such 
      petition was ever filed.  Therefore the Administrator's September 23, 
      1986 order became final and the tenant's subsequent overcharge complaint 
      raising the same issues was properly terminated by the Administrator.

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

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




      ISSUED:



                                                                    
                                      JOSEPH A. D'AGOSTA
                                      Deputy Commissioner
    

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