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.: CD 410041-RO
DRO DOCKET NO.: 45751 EXAMINING
JACOB WEINREB-OWNER UNIT
------------------------------------X TENANT: MEREDITH ANDUR &
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 27, 1988, the above-named petitioner filed a Petition for
Administrative Review against an order issued on March 25, 1988 by the
Rent Administrator, 10 Columbus Circle, New York, New York concerning the
housing accommodation known as 145 East 92nd Street, Apartment 3-D, New
York, New York wherein the Administrator directed the owner to refund
overcharges of 9,478.05 inclusive of interest on the overcharges collected
on or after April 1, 1984.
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.
The tenants commenced this proceeding by filing an objection to the 1984
Apartment Registration, alleging that the rent being paid was an
A copy of the complaint, along with a demand for the rental history of the
subject premises was served on the owner.
In response, the owner submitted a complete set of leases, dating back to
the applicable base date. The owner stated that it had incorrectly used
Guideline #13 twice thereby causing an inadvertent overcharge.
On March 25, 1988, the Administrator issued the order here under review,
establishing the legal regulated rent at $1,337.266 for the period October
1, 1987 through September 30, 1989 and directing the owner to refund
$9,478.05 including interest on the overcharge occurring on and after
April 1, 1984.
In the appeal, the petitioner contends that because the overcharge was not
willful, the order should be modified to exclude the interest computed on
In response, the tenants stated that the petition should be denied and
that the amount to be refunded should be made current and should include
The Commissioner is of the opinion that this petition should be denied.
DOCKET NUMBER: CD 410041-RO
Chapter 403 of the Omnibus Housing Act of 1983 provides in pertinent part
that an owner found to have overcharged shall, in all cases, be assessed
interest from the date of the first overcharge commencing on or after
April 1, 1984, unless treble damages are imposed.
Accordingly, the Commissioner finds that the Administrator correctly
assessed interest in the instant case.
With respect to the tenant's request for treble damages, the Commissioner
notes that the tenant did not file an appeal. Moreover, the treble
damages penalty is assessed only when an overcharge is found to be
willful. The Administrator determined correctly that the overcharge was
not willful, since based on the compounding of Guidelines increases during
a single Guideline period. See Policy Statement 89-2.
Pursuant to Code Section 2529.6, the scope of review on appeal is limited
to facts and evidence before the administrator. Accordingly, the
Commissioner has not computed the overcharge beyond the Administrator's
The Commissioner notes that correspondence is the file indicates that the
tenant has been advised that she may file a new overcharge complaint
subject to treble damages based on the owner's failure to adjust the rent
subsequent to the issuance of the order here under appeal.
This order may, upon the expiration of the period in which the owner may
institute a proceeding pursuant to Article seventy-eight of the Civil
Practice Law and rules, be filed and enforced by the tenant against the
owner in the same manner as a judgment or not in excess of twenty percent
thereof per month may be offset against any rent thereafter due the owner.
THEREFORE, in accordance with the Omnibus Housing Act of 1983 and the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is denied, and the
Rent Administrator's order be, and the same hereby is affirmed.