OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                               JAMAICA, NEW YORK 11433

          APPEAL OF                              DOCKET NO.BJ130077RT
                                              :  DRO DOCKET NO.ZAC110083R
               ANDREA KABAS                      OWNER:DITMAS MANAGEMENT

                                PETITIONER    : 

               On October 9, 1987, the above-named petitioner-tenant filed a 
          Petition for Administrative Review against an order issued on 
          September 23, 1987, by the Rent Administrator, 92-31 Union Hall 
          Street, Jamaica, New York, concerning the housing accommodations 
          known as 77-54 Austin Street, Queens, New York, Apartment No. 4-K 
          wherein the Rent Administrator determined that the tenant had not 
          been overcharged.

               The Administrative Appeal is being determined pursuant to the 
          provisions of Section 2522.3 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 in March 
          1986 of a rent overcharge complaint by the tenant in which the 
          tenant stated that she first moved to the subject apartment in 
          August 1983 at a rental of $499.50 per month; that prior to her 
          occupancy the subject apartment had been rent controlled and that 
          her initial rent was an overcharge.  In such complaint the tenant 
          also stated that she had been served with a copy of the Apartment 
          Registration Form (hereafter RR-1) in March, 1984.  Subsequently, 
          the tenant submitted a copy of the Landlord's Report of Statutory 
          Decontrol for the subject apartment which listed her as the current 
          tenant and stated that the subject apartment had been vacancy 
          decontrolled on July 1, 1983 and was rented to the tenant herein on 
          August 1, 1983.  Such report had been filed with the Office of Rent 
          Control on September 9, 1983.

               In Order Number ZAC110083R, the Rent Administrator determined 
          that the tenant did not file a timely objection to the April 1, 1984 
          rent so that such rent became the initial legal registered rent and 
          that no overcharge in rent had occurred subsequent to April 1, 1984.


               In this petition, the tenant alleges in substance that she is 
          still questioning whether the initial rent of $499.50 represents an 
          overcharge in rent.

               The Commissioner is of the opinion that this petition should be 

               Section 2522.3 of the Rent Stabilization Code provides in 
          pertinent part that a Fair Market Rent Appeal filed more than 90 
          days after the service of the RR-1 must be dismissed.

               In the instant case, the tenant's rent overcharge complaint was 
          in the nature of a fair market rent appeal since the tenant was in 
          fact questioning the initial stabilized rent.  Since the complaint 
          was filed in 1986 and the tenant concedes that she received the RR-1 
          in 1984, the tenant's complaint insofar as it concerned the initial 
          rent was not timely pursuant to Section 2522.3 and the Rent 
          Administrator correctly determined that it was not timely in the 
          order under appeal herein.  Therefore, the tenant's petition must be 

               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
                                          Deputy Commissioner




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