CH 220060-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.
                                        CH 220060-RT
       IRVING ROSENBLUM,                DISTRICT RENT
                                        ADMINISTRATOR'S DOCKET
NO.
                        PETITIONER      K 005671-R
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  ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
                                
                                
On  August 15, 1988, the above-named tenant filed a petition  for
administrative review of an order issued on August 4, 1988  by  a
District Administrator concerning the housing accommodation known
as  150  Corbin Place, Apartment 6-S, Brooklyn, New York, wherein
the  Administrator  determined  that  the  tenant  had  not  been
over-charged.

The  Commissioner has reviewed all of the evidence in the  record
and  has carefully considered that portion of the record relevant
to the issues raised by the petition for review.

This  proceeding was commenced by the filing of a rent overcharge
complaint by the tenant, dated December 11, 1985.

The tenant took occupancy pursuant to a two-year lease commencing
on  April  1, 1981, and expiring on March 31, 1983 at  a  monthly
rent of $350.00.

In  its  answer  the owner submitted the April 1, 1984  apartment
registration which listed the April 1, 1984 rent as  $364.00.  In
addition,  the owner submitted leases from April 1, 1986  through
March 31, 1989.

In  the  order under review herein, the Administrator found  that
there had been no rent overcharge.  Also, the Administrator noted
that  the registered rent on April 1, 1984 was $364.00, and  that
the tenant failed to timely object to the apartment registration.
Therefore,  the Administrator determined that the base  rent  for
the subject apartment is the April 1, 1984 rent of $364.00.


In the petition for review, the tenant asserts that the
Administrator incorrectly calculated the rent because  the  lease
commencing on April 1, 1984 was a one-year lease, but the  Admin-
istrator  calculated the rent using a two-year lease   guideline.
Also,  the  tenant  alleges that he was  never  served  with  the
apart-ment registration.

The  Commissioner  is of the opinion that the  tenant's  petition
should be denied.

The  Commissioner  notes that the petitioner is  correct  in  his
assertion  that  the  lease commencing on April  1,  1984  was  a
one-year   lease   and  not  a  two-year   lease.    However,   a
recalculation of the rent chart, attached hereto, indicates  that
the  tenant is paying the legal regulated rent.  Accordingly, the
Commissioner finds that there was no rent overcharge.

As  to  the  tenant's assertion that he was not served  with  the
apartment  registration, the Commissioner notes that  the  tenant
did not submit this issue to the Administrator.  As this issue is
submitted for the first time upon administrative review  and  the
tenant  offered  no  explanation as to why  this  issue  was  not
presented  to the Administrator, it is outside the scope  of  the
Commissioner's review in this proceeding.  Moreover, the  Commis-
sioner  notes that the tenant's assertion that he was not  served
with  the  apartment  registration  is  belied  by  the  tenant's
overcharge  complaint, which states that he was served  with  the
apartment registration.  Finally, the owner submitted evidence to
the  Rent  Administrator of having served  the  tenant  with  the
apartment registration in June of 1984.


THEREFORE,  in  accordance with the Rent  Stabilization  Law  and
Code, it is

ORDERED, that this petition be, and the same hereby is, denied,
and that the District Rent Administrator's order be, and the same
hereby is, affirmed.


ISSUED:




ELLIOT SANDER
                                         Deputy Commissioner
    

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