Adm. Review Docket Number: CA 410061-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.: CA 410061-RT
:
SIMON M. HART, : DRO DOCKET NO.: AI 410306-R
:
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 25, 1988, the above-named petitioner-tenant filed a
Petition for Administrative Review of an order issued on December
27, 1987, by the District Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning housing accommodations known
as Apartment 5D at 314 West 56th Street, 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
issue raised by the administrative appeal.
This proceeding was originally commenced by the filing of a rent
overcharge complaint by the tenant on September 24, 1986. The
tenant stated in his complaint that he received the apartment
registration form in March or early April 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, that the April 1, 1984 registered rent
was the lawful initial registered rent, and that the tenant was not
overcharged thereafter.
In this petition, the tenant states that his claim of overcharge
from his initial occupancy in 1979 still stands; that he discovered
in 1986 that a neighbor in the building had received an order from
the DHCR regarding a claim of rent overcharge; and that he filed his
overcharge complaint at that time.
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 in March or April 1984 and failed to file the complaint
within 90 days of service of this notice. There is no provision in
the Rent Stabilization Law or Code for extending the time within
Adm. Review Docket Number: CA 410061-RT
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 and that the April 1, 1984 registered rent was
the lawful initial registered rent.
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
affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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