BI210228RO
                             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. BI210228RO

                                          :  DISTRICT RENT OFFICE
           Vladimir Nekrasou,                DOCKET NO. TC76376G
                                            
                                             TENANT: Gladys Serrano      

                            PETITIONER    : 
      ------------------------------------X                             


           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 
      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 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.







          BI210228RO


      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 
      rent.

      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 
      increases.

      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.



          BI210228RO

      ISSUED:
                                                                    
                                      JOSEPH A. D'AGOSTA
                                      Deputy Commissioner





    

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