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. CF410200RT
: DISTRICT RENT OFFICE
Randall S. Green, DOCKET NO. BE410496R
OWNER: Peter Sourian
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 27, 1988, the above-named petitioner-tenant filed a Petition for
Administrative Review against an order issued on May 23, 1988, by the
Rent Administrator, 92-31 Union Hall Street, Jamaica, New York,
concerning the housing accommodations known as 30 East 70th Street,
New York, Apartment No. 4F, wherein the Administrator terminated the
proceeding and found that no rent overcharge had occurred.
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 commenced on May 13, 1987 when the tenant filed a
complaint of rent overcharge, alleging that he had only recently
discovered that he was paying substantially more rent than the prior
tenant had paid.
In response, the owner asserted that the tenant was the first rent
stabilized tenant and that a DC-2 form, (Notice of Initial Legal
Regulated Rent) informing the tenant of his right to protest the rent,
had been mailed to the tenant on May 3, 1984.
The owner submitted copies of various documents, including a letter to
the tenant dated May 3, 1984, a DC-2 form, a two year lease with rent
stabilization rider, the Landlord's Report of Statutory Decontrol, and
certified mail and return receipts. Subsequently, the owner also
submitted a copy of the initial registration (RR-1) and certification of
mailing by the Rent Stabilization Association. The owner asserted that
the tenant's challenge, made more than 90 days after service of the RR-
1, was too late.
In the order herein appealed, based upon the tenant's failure to
challenge the Initial Legal Regulated Rent (ILRR) within 90 days from
receipt of the DC-2 notice, the Administrator established the initial
registered rent at $1,385.00 and terminated the proceeding.
In his appeal, the tenant contends that the order should be reversed
because the Administrator's finding is based on forgery and perjury by
the owner. The tenant asserts that he was not at any time served with
the apartment registration. As outlined by various documents included
with the appeal, the tenant raises a number of issues primarily
concerned with service complaints and the landlord-tenant relationship
but not germane to the overcharge complaint.
The owner contends that he has neither forged nor perjured but has
served all notices as was required.
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
The issued central to the overcharge complaint is whether the tenant was
served with the DC-2 notice. This is the only issue considered in this
order and opinion. The remaining issues raised in the petition by the
tenant are not germane and have not been considered.
Review of the evidence indicates that the owner served a DC-2 form on
the tenant as substantiated by a certified mail receipt. Further the
evidence discloses that an RR-1 was served on the tenant herein in 1984
as evidenced by proof of service by the Rent Stabilization Association.
The tenant has presented no probative evidence that a forgery was
accomplished. Since the tenant did not file a timely challenge to the
initial rent, the Commissioner finds that the Administrator's order is
correct as written.
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
Rent Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA