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. BI410026RT
Roberto Ponce, : DISTRICT RENT OFFICE
DOCKET NO. ZAA500507-R
OWNER: Robert Stein
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 10, 1987, the above-named tenant filed a Petition for
Administrative Review against an order issued on September 1, 1987, by
the Rent Administrator concerning the housing accommodations known as
880 West 181st Street, New York, New York, Apartment No. 2C, wherein the
Rent Administrator determined that there were no overcharges to the
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.
The tenant originally commenced this proceeding by filing on November
30, 1985 a complaint of rent overcharge.
In Order No. ZAA500507-R, the Rent Administrator determined that the
tenant was served with a copy of the Initial Apartment Registration and
that said tenant did not file a timely objection to the rent stated
therein. Further, the Rent Administrator determined that, based on the
Initial Lawful Registered Rent of $285.69 as stated on the April 1, 1984
Initial Apartment Registration and the lawful increase thereto in the
amount of $25.71 for the January 1, 1985 one year renewal lease, no
overcharge in rent for the period April 1, 1984 through December 31,
1986 had occurred.
In this petition, the tenant requests reversal of the Rent
Administrator's order. The tenant contends, in substance, that, since
he was not served with a copy of the April 1, 1984 Initial Apartment
Registration, the Rent Administrator's order, stating the contrary,
should be revoked. The tenant further contends that the computation of
the Initial Legal Regulated Rent should be established as of the first
rent stabilized tenancy of the subject apartment.
The Commissioner is of the opinion that the petition should be denied.
The Commissioner notes that the tenant did not raise the issue that he
had not been served with a copy of the April 1, 1984 Initial Apartment
Registration in the proceeding before the Rent Administrator. The
Commissioner finds that such issue, therefore, cannot be considered for
the first time on appeal.
Moreover, the Commissioner notes that, upon an examination of the
record, the tenant indicated in his overcharge complaint, dated November
30, 1985, that, indeed, he was provided with a copy of the April 1, 1984
Initial Apartment Registration and that he did not file an objection to
said Registration on or after April 1, 1984.
Accordingly, the Commissioner has determined that the April 1, 1984
Initial Apartment Registration must be deemed timely served on the
Section 2526.1(a)(3)(i) of the Rent Stabilization Code provides in
pertinent part that the legal regulated rent for the purpose of
determining an overcharge shall be deemed to be the rent shown in the
annual Registration statement filed four years prior to the most recent
Registration, or, if more recently filed, the Initial Registration
statement plus, in each case, any subsequent lawful increases and
Accordingly, since the April 1, 1984 Registration constitutes, in the
instant case, the Initial Apartment Registration for the subject
apartment, the rent stated therein was properly established as the
Initial Legal Regulated Rent (the base rent) to which subsequent lawful
increases were added.
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