ADM. REVIEW DOCKET NO.: CA 410199 RO
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 410199 RO
:
D.R.O. DOCKET NO.:
L-3110081-RT
216 WEST 104 ST. ASSOC.
Tenants: T. Christopher
and A. Ackerly
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 25, 1988, the above-named petitioner-owner filed
a Petition for Administrative Review against an order issued on
December 21, 1987, by the District Rent Administrator, 10
Columbus Circle, New York, New York, concerning housing
accommodations known as Apartment 5B, 218 West 104th Street, New
York, New York wherein the District Rent Administrator
determined that the tenant had been overcharged.
The Commissioner notes that this proceeding was initiated
prior to April 1, 1984. Sections 2526.1(a)(4) and 2521.1(d) of
the Rent Stabilization Code (effective May 1, 987) governing rent
overcharge and fair market rent proceedings provide that
determination of these matters 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 (Code) contained herein are to the Code in
effect on April 30, 1987.
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 tenants with the New York City
Conciliation and Appeals Board, one of the predecessor agencies
to the DHCR. The tenants took occupancy pursuant to a lease
commencing June 1, 1982 and expiring June 1, 1985 at a monthly
rent of $550.00.
The owner was served with a copy of the complaint and was
ADM. REVIEW DOCKET NO.: CA 410199 RO
requested to submit rent records to prove the lawfulness of the
rent being charged.
In Order Number L-3110081 RT, the District Rent
Administrator determined that the owner had failed to provide a
full rental history for the subject apartment, set the lawful
stabilized rent at $447.13 as of June 1, 1986 through May 31,
1988, and ordered a refund of the overcharges in the amount of
$7576.70 including interest.
In this petition, the owner contends that the District Rent
Administrator's Order is incorrect and should be modified because
the owner filed an answer to the tenants' complaint, that the
calculation of the agency is wrong because it does not allow for
vacancy and guidelines increases for the tenant before the
complaining tenants, and that the agency's decision is not
supported by the facts. Other assertions regarding late receipt
of the order are irrelevant in view of the fact the owner
submitted a timely PAR.
The Commissioner is of the opinion that this petition should
be denied.
In response to the agency's notice, the owner filed an
answer to the tenants' complaint on January 5, 1987. The answer
however did not constitute a full rental history to the base
date. A subsequent agency notice resulted in the owner's request
on August 17, 1987 for additional time to answer. The owner's
request was granted and the time for answering was extended to
September 27, 1987. The owner made no further request for
additional time to answer nor was any further answer interposed.
The Commissioner finds that the Administrator properly
applied the default procedure to establish the tenant's rent
using the tenant's initial rent less a guideline increase.
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
ADM. REVIEW DOCKET NO.: CA 410199 RO
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