STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. BI210228RO
: DISTRICT RENT OFFICE
Vladimir Nekrasou, DOCKET NO. TC76376G
TENANT: Gladys Serrano
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 15, 1987, the above-named owner filed a Petition for
Administrative Review against an order issued on August 11, 1987, by the
Rent Administrator concerning the housing accommodations known as 390
Metropolitan Avenue, Brooklyn, New York, Apartment No. 3L, wherein the
Rent Administrator determined that the owner had defaulted in the
requirement that it submit a complete rental history.
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
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 originally commenced by the filing on August 25,
1983 of a rent overcharge complaint by the tenant who first moved to the
subject apartment in November, 1980.
In response to the tenant's overcharge complaint and a subsequent Notice
Of Pending Default, the owner did not submit a rental history for any
period prior to November, 1980.
In Order Number TC76376G, the Rent Administrator determined that, due to
the owner's failure to submit a complete rental history, the lawful
stabilization rent was calculated using the Default Procedure, effecting
a rent overcharge of $1,985.09, including excess security.
In this petition, the owner requests modification of the Rent
Administrator's order inasmuch as it contends that an appointed
Administrator was collecting the rent during the period from December,
1981 through December, 1983.
The Commissioner is of the opinion that this petition should be denied.
The Commissioner notes that, in accordance with the Regulations, the
owner is required to maintain and produce to the Division upon demand
rent records for each stabilized apartment. In the instant case, the
base rent date for the subject apartment is established as April 1,
1980. Accordingly, the owner was required to submit to the Division
rent records dating back to April 1, 1980.
The Commissioner further notes that it is incumbent upon a new owner to
obtain the requisite rental histories when taking title to a building.
A failure to obtain a rental history will not serve to excuse a present
owner from compliance with the Rent Stabilization Law and Code.
The record discloses that the owner failed to submit a complete rental
history in the proceeding before the Rent Administrator and failed to
give any satisfactory excuse for the non submission. Accordingly, the
lawful stabilization rent established for the subject apartment was
calculated utilizing the Default Procedure, inasmuch as the Rent
Administrator properly determined that the owner had defaulted in its
obligation to provide a full rental history.
Further, the fact that an Administrator may have been collecting rents
during a certain period does not absolve the owner for rent overcharges
collected during this period. However, this order is issued without
prejudice to any rights the owner may have against any Administrator who
collected rents in excess of the lawful regulated
Accordingly, the Rent Administrator's order was warranted.
The owner is directed to reflect the findings and determinations made in
this order on all future registration statements, including those for
the current year if not already filed, citing this order as the basis
for the change. Registration statements already on file, however,
should not be amended to reflect the findings and determinations made in
this order. The owner is further directed to adjust subsequent rents to
an amount no greater than that determined by said order plus any lawful
This order may, upon the expiration of the period in which the owner may
institute a proceeding pursuant to Article 78 of the Civil Practice Law
and Rules, be filed and enforced in the same manner as a judgment or not
in excess of twenty percent per month thereof may be offset against any
rent thereafter due the owner.
THEREFORE, in accordance with the provisions of the Rent Stabilization
Law and Code, it is
ORDERED, that this petition for administrative review be, and the same
hereby is, denied, and, that the order of the Rent Administrator be, and
the same hereby is, affirmed.
JOSEPH A. D'AGOSTA