Docket Number: BI-210227-RO
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.: BI 210227-RO
:
IBSER POINVIL, DRO DOCKET NO.: 028825
Other Party:
PETITIONER : Elijah Seabrook, Tenant
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING ADMINISTRATOR'S ORDER
On September 15, 1986, the above-named Petitioner-owner filed a
Petition for Administrative Review against an order issued on August
12, 1987, by the District Rent Administrator, 10 Columbus Circle,
New York, New York concerning the housing accommodations located at
1014 Park Place, Brooklyn, New York, Apartment 2A wherein the
District Rent Administrator responded to certain issues raised in
the tenant's objection to the initial registration statement, as it
pertained to individual apartment services; and wherein the
Administrator terminated the tenant's application.
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 by the administrative appeal.
On September 6, 1984, the tenant commenced the original proceeding
by filing with the Division a tenant's objection form to the
services registration statement filed by the owner. The tenant
alleged that he had not received any interest on his security
deposit and would like to receive the same. The tenant also alleged
that he owned his own refrigerator.
In answer to the tenant's objections, the owner, in substance,
asserted the following: 1) The tenant has rarely paid his rent by
the 6th of the month, whereupon it is late, so the owner has drawn
the rent due out of the tenant's security deposit and replaced it
when the tenant eventually paid the rent; 2) the tenant's
security deposit was below the amount of one month's rent; and 3)
the refrigerator in the apartment was provided by the prior owner
and the owner was not aware of any refrigerator that belonged to the
tenant in the apartment.
On August 12, 1987, the District Rent Administrator issued an order
in which he terminated the proceeding below, stating that "The
owner replied [to the objection] that because the tenant had been
constantly late in paying his rent, the owner had been subtracting
late charges from tenant's security deposit."
The Administrator advised the parties that the security deposit had
to be deposited in an interest bearing account and not commingled
with any other monies. The Administrator further stated that the
interest on the security deposit must be paid to the tenant annually
Docket Number: BI-210227-RO
if the tenant requests it and that if the owner fails to do so, the
tenant may contact the New York State Attorney General, who has
jurisdiction over security deposits. The Administrator, also,
directed the tenant to submit a copy of the receipt for the purchase
of his own refrigerator to the owner. The Administrator advised the
parties that the question of the ownership of the refrigerator had
to be decided by a Court of competent Jurisdiction and that the
owner remained responsible for providing a refrigerator at the
apartment if the tenant vacated.
In the Petition for Administrative Review, the owner asked that the
order below be modified because the owner had never alleged that it
deducted late charges from the tenant's security deposit.
The tenant filed an answer to the Petition which was not directly
responsive to the issues raised in the Petition.
The Commissioner is of the opinion that the Petition should be
granted and that the Administrator's order should be modified by
deleting therefrom the following language "The owner replied that
because tenant had been constantly late in paying his rent, the
owner had been subtracting late charges from tenant's security
deposit." The Commissioner finds that there is no place in the
record below wherein the owner made the allegation reported by the
Administrator in the foregoing sentence as to the collection of late
charges.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be and the same hereby is granted and
that the Administrator's order be and the same hereby is modified as
provided hereinabove.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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