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. CF610181RO
: DISTRICT RENT OFFICE
Vinnick Realty Management, DOCKET NO. B3101195R/T
TENANT: Anna Kowalski
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 21, 1988, the above-named owner filed a Petition for
Administrative Review against an order issued on May 23, 1988, by a Rent
Administrator, concerning the housing accommodations known as 3240
Kingsbridge Avenue, Bronx, New York, Apartment No. 1F, wherein the Rent
Administrator determined that the owner had overcharged the tenant.
The Commissioner notes that this proceeding was filed prior to April 1,
1984. Sections 2526.1(a)(4) and 2521.1(d) of the Rent Stabilization
Code (effective May 1, 1987) governing rent-overcharge and fair market
rent proceedings, provide that determination of these matters must be
based upon the law or code provisions in effect on March 31, 1984.
Therefore, unless otherwise indicated, reference to sections of the Rent
Stabilization Code contained herein are to the Code in effect on April
This administrative appeal is being determined pursuant to the
provisions of Section 42A thereof.
This proceeding was originated with the filing in February, 1984, of a
Fair Market Rent Adjustment Application and a rent-overcharge complaint
by the tenant.
In response to the tenant's complaint, the owner submitted a rental
history covering the period from October, 1983, through the date of the
In Order Number CDR 33,436, the Rent Administrator determined, due to
the owner's failure to submit a complete rental history, that the owner
had collected a rent overcharge of $4,154.96, including interest on that
portion of the overcharge occurring on and after April 1, 1984, and
excessive security deposited. The overcharge was calculated as follows:
$450.18 for the period from October 17, 1983 to April 1, 1984 plus
$1,573.86 plus $2,036.08 for periods from April 1, 1984 through May 30,
1988 plus excess security of $94.74 equals $4,154.96.
In this petition, the owner's "argument" consists entirely of a
recitation of the rental history starting with February 15, 1980, with
copies of leases attached.
The Commissioner is of the opinion that the petition should be denied.
Section 42A of the former Rent Stabilization Code requires that an owner
retain complete records for each stabilized apartment in effect from
June 30, 1974 to date, and produce them to the DHCR upon demand. If the
apartment was decontrolled from the Rent Control Law after June 30,
1974, the owner must provide satisfactory documentary evidence of the
apartment's date of decontrol and submit a rental history from that
date. This history must be submitted to the Rent Administrator, not for
the first time to the Commissioner on appeal.
In the instant case, the owner has not provided a complete rental
history as mandated by Section 42A. Accordingly, the Rent
Administrator's order establishing the lawful stabilization rent
utilizing the Section 42A default procedure and finding a rent
overcharge, was warranted.
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
The Commissioner has determined in this Order and Opinion that the owner
collected overcharges of $4,154.96. This order may, upon expiration of
the period for seeking review of this Order and Opinion pursuant to
Article Seventy-eight of the Civil Practice Law and Rules, be filed and
enforced as a judgment, or not in excess of twenty percent per month of
the overcharge may be offset against any rent thereafter due the owner.
Where the tenant credits the overcharge, the tenant may add to the
overcharge, or where the tenant files this order as a judgment, the
County Clerk may add to the overcharge, interest at the rate payable on
a judgment pursuant to section 5004 of the Civil Practice Law and Rules,
from the date of the Rent Administrator's order to the date of the
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