OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                               JAMAICA, NEW YORK 11433

          APPEAL OF                              DOCKET NO. CE410066RT
                                              :  DRO DOCKET NO. 43155
               MARK HAVLIS                       OWNER: PINE MANAGEMENT, INC.  

                                PETITIONER    : 

               On  May 27, 1988,  the above-named petitioner-tenant filed a 
          Petition for Administrative Review against an order issued on April 
          26, 1988, by the Rent Administrator,  10 Columbus Circle, New York, 
          New York, concerning the housing accommodations known as 141 West 
          80th Street, New York, New York, Apartment No. 3F wherein the Rent 
          Administrator determined that the owner had not overcharged the 
               The Administrative Appeal is being determined pursuant to the 
          provisions of Section 2526.1 of the Rent Stabilization Code.

               The issue herein is whether the Rent Administrator's order was 

               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 in 
          August, 1984 of a Tenant's Objection to Rent/Services Registration 
          in which the tenant stated that there was a rent overcharge and that 
          he was filing a fair market rent appeal.  The tenant stated that he 
          had first rented the subject apartment on June 1, 1979 and that he 
          had received a copy of the initial apartment registration form 
          (hereafter RR-1) from the owner.

               In response to the tenant's complaint, the owner stated in 
          substance that a fair market rent appeal was not permissible in that 
          there were never any rent controlled tenants in the subject premises 
          and submitted a rent history from April 1, 1980.  The owner also 
          submitted a lease for the subject apartment dated March 3, 1975 
          showing a prior stabilized tenant in occupancy on that date.

               In Order Number 43155, the Rent Administrator based on a 
          examination of the rental history from April 1, 1980 determined that 
          no rent overcharge had occurred and dismissed the tenant's fair 
          market rent appeal on the basis that the subject premises were 
          continuously stabilized and never subject to the Rent Control Law. 


               In this petition, the tenant contends in substance that he 
          believes that his initial rent was an overcharge and that the DHCR 
          should investigate the amount of the prior tenant's lease rent.

               The Commissioner is of the opinion that this petition should be 

               Section 2526.1(a)(3)(ii) of the Rent Stabilization Code 
          provides in pertinent part that for overcharge complaints filed 
          within ninety days of the initial registration of a housing 
          accommodation, the legal regulated rent for purposes of determining 
          an overcharge shall be deemed to be the rent charged and paid on 
          April 1, 1980, or for a hosing accommodation not required to be 
          registered by June 30, 1984, 4 years prior to the date the housing 
          accommodation was first required to be registered.

               In the instant case, the owner has provided a complete rental 
          history from April 1, 1980 as mandated by Section 2526.1(a)(3)(ii).  
          The owner was not required to provide any rental information prior 
          to April 1, 1980 to determine the tenant's rent overcharge 
          complaint.  Accordingly, the Rent Administrator's order was 

               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
                                          Deputy Commissioner



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