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.BJ130077RT
: DRO DOCKET NO.ZAC110083R
ANDREA KABAS OWNER:DITMAS MANAGEMENT
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
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
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 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.
BJ130077RT
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
denied.
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
denied.
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.
ISSUED
JOSEPH A. D'AGOSTA
Deputy Commissioner
BJ130077RT
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