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 410162-RO
:
DRO DOCKET NO.: L 3115578-R
GEORGE P. MIHALAKOS CDR 31,311
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 29, 1987, the above-named petitioner-owner filed a Petition
for Administrative Review of an order issued on September 4, 1987, by the
District Rent Administrator, 10 Columbus Circle, New York, New York known
as Apartment #6, 79 Avenue A, New York, New York 10009, wherein the
District Rent Administrator determined that the tenant had been
overcharged.
The Commissioner notes that this proceeding was initiated prior to April
1, 1984. Sections 2526.1(a)(4) and 2521.1(d) of the Rent Stabilization
Code (effective May 1, 1987) governing rent overcharge and fair market
rent proceedings provide that determination of these matters be based upon
the law or code provisions in effect on March 31, 1984. Therefore, unless
otherwise indicated, reference to Sections of the Rent Stabilization Code
(Code) contained herein are to the Code in effect on April 30, 1987.
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.
This proceeding was originally commenced by the filing of a rent
overcharge complaint by the tenant with the New York City Conciliation and
Appeals Board one of the predecessor agencies to the DHCR. The tenant
took occupancy pursuant to a lease commencing May 1976 and expiring April
1978 at a monthly rent of $200.00.
The owner was served with a copy of the complaint and was requested to
submit rent records to prove the lawfulness of the rent being charged.
The owner was advised that its failure to provide the requested
information would be considered a default.
In Order Number #31,311, the District Rent Administrator determined that
the owner failed to provide a full rental history, set the lawful
stabilization rent at $170.22 and ordered a refund of the overcharges.
In this petition, the owner contends that the District Rent
Administrator's Order is incorrect and should be reversed because the
DOCKET NUMBER: BI 410162-RO
tenant was not overcharged and submits copies of leases for the period
June 15, 1974 through June 30, 1978, and January 1, 1980 through December
31, 1987 for the first time on administrative appeal.
In answer to this petition, the tenant contends that the order should be
upheld because the owner refused to acknowledge the overcharge in the
several years since it has been brought to his attention, and refuses to
accept the new rent or give receipts for it.
The Commissioner is of the opinion that this petition should be denied.
A review of the record indicates that the requested rent history in the
form of leases was submitted by the owner for the first time on
administrative appeal. The owner offers no explanation for its failure to
submit such documentation in the proceeding before the Administrator.
Therefore, the Commissioner finds that the default procedure was correctly
applied resulting in the finding of an overcharge.
The owner is cautioned that it is required to accept the lower rent as
found in the Administrator's order and that refusal to accept same may
form the basis for a tenant's complaint of harrassment.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied and the
District Rent Administrator's order be and the same hereby is affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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