DOCKET NUMBER: BK 410145-RT
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.: BK 410145-RT
:
DRO DOCKET NO.: AD 410485-R
DOUGLAS B. BLUM,
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 2, 1987, the above-named petitioner-tenant filed a Petition
for Administrative Review against an order issued on September 29, 1987 by
the Director Rent Administrator, 92-31 Union Hall Street, Jamaica, New
York, concerning the housing accommodations known as Apartment 24 at 190
East 2nd Street, New York, New York, wherein the District Rent
Administrator denied the tenant's overcharge complaint.
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 by the administrative appeal.
This proceeding was originally commenced on April 29, 1986 by the filing
of a rent overcharge complaint by the tenant. The tenant took occupancy
pursuant to a lease commencing June 15, 1984 and expiring June 14, 1985 at
a monthly rent of $450.00. The tenant indicated in his complaint that he
had received an apartment registration form (RR-1) from the owner in
September 1984.
In the order under appeal herein the Administrator determined that the
tenant had been served with an apartment registration form and had failed
to file an objection to the initial rent within 90 days thereafter. Based
thereon, the Administrator determined that the registered rent of $450.00
was the lawful, initial rent determined that the tenant's rent was
lawfully increased to $490.50 for the renewal lease commencing June 15,
1987, denied the tenant's overcharge complaint and terminated the
proceeding.
In this petition, the tenant asserts that he is entitled to know the rent
paid by the prior tenant for the subject apartment on or before April 1,
1984. The tenant states that he offers no legal excuse for his own
negligence in not contesting the rent within 90 days, but he requests a
rent history of the apartment.
In answer to this petition, the owner asserts that the tenant failed to
challenge the rent within 90 days after registration.
The Commissioner is of the opinion that this petition should be denied.
DOCKET NUMBER: BK 410145-RT
Pursuant to Section 2526.1(a)(2)(ii) of the Rent Stabilization Code, any
complaint based upon overcharges occurring prior to the date of filing of
the initial apartment registration must be filed within 90 days of service
of the apartment registration on the tenant.
In this case the tenant acknowledges receipt of the apartment registration
form and acknowledges that he has no legal excuse for failing to challenge
the initial registered rent within 90 days. The Commissioner finds that
the Administrator properly determined that the initial registered rent
became the lawful initial rent for the subject apartment and that the
tenant was not overcharged thereafter.
THEREFORE, in accordance with 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 District Rent Administrator
be, and the same hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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