CH410023RT
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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CH410023RT
Amy L. Mall, DRO DOCKET NO.: ZAA401245R
OWNER: Britton Realty Co.
PETITIONER Dupont Associates
------------------------------------X
ORDER AND OPINION REMANDING PROCEEDING TO THE DISTRICT RENT
ADMINISTRATOR
On August 9, 1988, the above-named petitioner-tenant filed a Petition
for Administrative Review against an order issued on July 29, 1988, by
the District Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York, concerning the housing accommodations known as 124 East 24th
Street, New York, New York, Apartment No. 6G, wherein the District Rent
Administrator dismissed the tenant's fair market rent appeal (hereafter
FMRA) as untimely.
The Administrative Appeal is being determined pursuant to the provisions
of Section 26-513 of the Rent Stabilization Law.
The issue herein is whether the Rent Administrator's order was
warranted.
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 record indicates that on December 27, 1985 the tenant herein filed
a complaint of rent overcharge in which she stated that the initial
legal regulated rent exceeded the fair market rent. The tenant took
occupancy pursuant to a lease commencing September 1, 1985 and expiring
August 31, 1986 at a monthly rent of $800.00.
In response the owner submitted a copy of a DC-2 notice and certified
proof of service (USPS form 3800 + signed receipt) dated September 9,
1985 and September 18, 1985 respectively. It is unclear whether the
submission was served on the tenant (a photocopy of a forwarding notice
dated December 3, 1987 in the area file does not indicate what
submissions by the owner were served on the tenant) and whether the
tenant was afforded an opportunity to contest the owner's submissions
below.
On July 29, 1988, an order was issued dismissing the tenant's FMRA based
on the fact that the complaint filed by the tenant on December 27, 1985
CH410023RT
exceeded the 90 day period for filing a FMRA commencing September 9,
1985.
On appeal, the tenant indicates that no DC-2 notice was ever served on
her and that the certified proof submitted by the owner was for a
mailing which contained only her vacancy lease and Rent Stabilization
rider.
During the processing of the appeal an administrative hearing was held
on November 30, 1992 wherein both the tenant and current owner appeared
and were afforded opportunities to present evidence in support of their
contentions. The Administrative Law Judge concluded that the owner
failed to sustain its burden of proof as to the proper service of the
DC-2 notice on the tenant and therefore, recommended processing the
tenant's FMRA on the merits.
The tenant vacated the subject apartment on May 14, 1989 but has
forwarded current addresses to the DHCR.
The Commissioner is of the opinion that this proceeding should be
remanded so that the tenant's complaint can be processed as a fair
market rent adjustment application on the merits in accordance with the
findings of the Administrative Law Judge. The owner should be afforded
an opportunity to submit comparability data in accordance with the
current Rent Stabilization Code and the tenant should be afforded an
opportunity to comment on any submission made by the owner.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted, to the
extent of remanding this proceeding to the District Rent Administrator
for further processing in accordance with this order and opinion.
A copy of this order is being served on the current occupant of the
subject apartment.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
