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.: CA 410055-RT
:
DRO DOCKET NO.: AD 510156-R
ALICE B. DENNY
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING DISTRICT RENT ADMINISTRATOR'S ORDER
On January 11, 1988, the above-named petitioner-tenant filed a Petition
for Administrative Review of an order issued on December 10, 1987, by the
District Rent Administrator, 92-31 Union Hall Street, New York, New York,
concerning housing accommodations known as Apartment 14P at One University
Place, New York, New York, wherein the District Rent Administrator
determined that the tenant had not been overcharged.
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 by the filing of a rent
overcharge complaint by the tenant on April 8, 1986. The tenant stated in
her complaint that she received an apartment registration form from the
owner on June 25, 1984.
In the order under appeal herein, the District Rent Administrator
determined that the tenant had failed to file a timely objection to the
apartment registration and that the tenant was not overcharged.
In this petition, the tenant states that at the time she received the
apartment registration, she had just moved to New York from Alaska and she
had no reason to doubt that the rent was correct until she received a new
lease and received information regarding the prior tenant's rent. The
tenant also states, among other things, that the order states that the
apartment is rent controlled, while the registration states that the
apartment it is rent stabilized, and that the order lists the wrong
address.
The Commissioner is of the opinion that this petition should be denied.
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 has acknowledged receipt of the apartment
registration on June 25, 1984 and failed to file her complaint within 90
DOCKET NUMBER: CA 41005-RT
days of service of this notice. There is no provision in the Rent
Stabilization Law or Code for extending the time within which the tenant
may file a challenge to the initial registration. The Commissioner
therefore finds that the Administrator properly determined that the
tenant's challenge to the initial registration was untimely filed.
The Commissioner notes that the Administrator did not state that the
apartment is rent controlled, but rather stated that the apartment was
registered at the rent controlled rent and that the complaint tenant's
initial rent was the lawful initial regulated rent for the apartment under
rent stabilization.
The Commissioner further notes that the Administrator's order incorrectly
listed the tenant's mailing address as the subject premises. The
Administrator's order is hereby modified to list the subject premises as
One University Place, Apartment 14P, New York, NY 10003.
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
District Rent Administrator's order be and the same hereby is modified to
the extent hereinabove indicated.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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