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
APPEAL OF ADMINISTRATIVE REVIEW
DOCKET NOS: BJ610285RO
Steven Finkelstein D.R.O. DOCKET
NO: B3100984RT
TENANT: Evaldo Ruiz
PETITIONERS
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 6, 1987, the above-named petition-owner timely
refiled a Petition for Administrative Review against an order
issued on July 14, 1987 by the Rent Administrator, 10 Columbus
Circle, New York, New York concerning the housing accommodation
known as 215 Mount Hope Place, apartment 4H, Bronx, New York
wherein the Administrator determined that an overcharge had
occurred and directed the owner to refund an overcharge of
$2945.57 inclusive of excess security and interest on the
overcharge occurring on or after April, 1, 1984.
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 in the administrative appeal.
The tenant commenced this proceeding on March 26, 1984 by filing
both a Fair Market Rent Appeal and an overcharge complaint with
the former New York City Conciliation and Appeals Board (CAB),
the predecessor of the DHCR. The tenant stated he had taken
possession of the subject apartment on December 1, 1982 pursuant
to a one year lease terminating November 30, 1983 at a rent of
$408.41.
A copy of the complaint was served on the prior owner (Fort
Tryon Management Co.) on July 31, 1985.
On January 13, 1987, the current owner notified the DHCR that it
was now the owner of the subject building and submitted copies of
the 1984 and 1985 registrations (RR-1 and RR-2) with proof of
their service.
Docket No. BJ610285RO - 2 -
On February 4, 1987, notice was sent to the current owner,
advising that the tenant had filed both an overcharge complaint
and a Fair Market Rent Appeal and requesting that the owner
submit proper documentation and information to establish the
tenant's eligibility or ineligibility to file the Fair Market
Rent Appeal. The owner was informed that failure to provide the
necessary information would be considered a default.
On April 5, 1987 the current owner submitted a copy of 1) the
prior owner's answer, 2) a rental history, including lease
renewals and leases, and 3) the current rent roll. The owner
did not provide base date information but asserted that the rent
paid by the tenant on December 1, 1982 was the first market rent
established.
In the order here under review, the Administrator determined that
the owner had defaulted in providing a full rental history of the
subject premises, established the legal stabilization rent
pursuant to approved default procedures, and directed the owner
to refund $2945.57 in overcharges including excess security and
interest on the overcharge occurring on or after April 1, 1984.
In the appeal, the owner contends that it was never served and
seeks the opportunity to submit an answer.
The Commissioner is of the opinion that this petition should be
denied.
A review of the record reveals that the owner had full notice of
the proceeding before the Administrator and ample opportunity to
answer. A review of the record reveals that the owner submitted
its answer on April 5, 1987 but despite notification that failure
to submit all necessary documents would be considered a default
had failed to submit full and complete documentation.
Accordingly, the Commissioner denies the appeal.
This order may, upon the expiration of the period in which the
owner may institute a proceedi g pursuant to Article Seventy-
Eight of the Civil Practice Law and Rules, be filed and enforced
by the tenant in the same manner as a judgment or not in excess
of 20% thereof per month may be offset against any rent
thereafter due the owner.
Docket No. BJ610285RO - 3 -
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 Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
Joseph A. D'Agosta
Deputy Commissioner
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