BI410328RT
                             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. BI410328RT

                                          :  DISTRICT RENT OFFICE
           Patricia J. Bolender,             DOCKET NO. L3110982R
                                            
                                             OWNER: Fannie Klein              
            
                            PETITIONER    : 
      ------------------------------------X                             

          ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
                                     IN PART

      On September 1, 1987, the above-named petitioner filed a Petition for 
      Administrative Review against an order issued on July 28, 1987, by the 
      District Rent Administrator concerning the housing accommodations known 
      as 344 East 55th Street, New York, New York, Apartment No. 5A, wherein 
      the Rent Administrator determined that the owner had overcharged the 
      tenant.

      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 of a rent 
      overcharge complaint by the tenant on March 17, 1984.  The owner was 
      served with a copy of the tenant's complaint and submitted a complete 
      rental history as required.  

      In Order Number L3110982R, the Rent Administrator established the lawful 
      stabilized rent as $432.99 for the lease term July 1, 1986 through June 
      30, 1988; determined that the tenant had been overcharged; and directed 
      a refund to the tenant of $474.52, including excess security and 
      interest on overcharges collected on and after April 1, 1984.

      In this petition, the tenant requests that the Rent Administrator's 
      order be modified to reflect a monthly rent of $342.00 charged for the 
      lease term July 1, 1980 through June 30, 1982 and that the imposition of 
      treble damages was warranted.  Further, the tenant questions the 
      veracity of the statements made by the owner in the proceeding before 
      the Rent Administrator.


      The Commissioner is of the opinion that this petition should be granted 
      in part.







          BI410328RT


      An examination of the record is this case discloses that in fact the 
      tenant was correct in its assertion that the actual monthly rent charged 
      for the lease term July 1, 1980 through June 30, 1982 was $342.00.  
      Further, the tenant's objection to the omission of treble damages in the 
      Rent Administrator's determination is warranted since the owner produced 
      no evidence to show that overcharges to the tenant were not willful.

      Based on the foregoing, the Rent Administrator's order is herein 
      modified.  The Commissioner has recalculated the lawful stabilization 
      rents on the amended rent calculation chart attached hereto and made a 
      part hereof.  The commissioner finds that the tenant had been 
      overcharged as indicated on the chart, but that the amount of overcharge  
      has been reduced.  Treble damages are imposed.

      The Commissioner notes that, upon an examination of the record, there is 
      no evidence that the rental history submitted for the period immediately 
      preceding the complainant tenant's occupancy was inaccurate as alleged 
      by the petitioner.

      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 this order plus any lawful 
      increases.

      If the owner has already complied with the Administrator's order and 
      there are arrears due to the owner as a result of the instant 
      determination, the tenant shall be permitted to pay off the arrears in 
      twelve equal monthly installments.  Should the tenant vacate after the 
      issuance of this Order and Opinion, or have previously vacated, said 
      arrears shall be payable immediately.

      Upon the expiration of the period in which the landlord may institute a 
      proceeding pursuant to Article 78 of the Civil Practice Law and Rules, 
      the tenant may offset against any rent thereafter due the owner not in 
      excess of twenty per cent per month of the remaining overcharge 
      ($25.22).

      THEREFORE, in accordance with the Rent Stabilization Law and Code, it is

      ORDERED, that this petition be, and the same hereby is, granted in part 
      and that the Order of the Rent Administrator, and the same hereby is, 
      modified in accordance with this Order and Opinion.  The lawful 
      stabilization rents and amounts of overcharge are established on the 
      attached chart which is fully made a part of this order.


      ISSUED:
                                                                    
                                      JOSEPH A. D'AGOSTA
                                      Deputy Commissioner