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. BI410328RT
: DISTRICT RENT OFFICE
Patricia J. Bolender, DOCKET NO. L3110982R
OWNER: Fannie Klein
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
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
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 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
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
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
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.
JOSEPH A. D'AGOSTA