STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
------------------------------------X SJR 4779
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CJ 810078-RO
DRO DOCKET NO.: YAJ-8-10057-R
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a petition for administrative review ("PAR")
of an order issued on June 20, 1988 by the Rent Administrator, 55 Church
Street, White Plains, New York, concerning the housing accommodation known
as apartment 2S at 25 Cedar Street, Yonkers, New York, in which order the
Administrator had determined that the owner had overcharged the tenant.
After the above-referenced Division (the "DHCR") had rejected that PAR for
reasons not here pertinent, on February 11, 1991, the Supreme Court, by N.
Colabella, J., ordered the Division to consider the PAR on its merits.
This proceeding originated on October 23, 1986, when the tenant filed a
Complaint of Rent Overcharge.
The Administrator determined, in the order here appealed, that because
"the Landlord failed to timely file an Operating and Maintenance Expense
Schedule for the 1985 and 1986 guideline period," the owner was "not
eligible to collect a guideline rent increase on leases commencing between
10/1/85 and 9/30/86," so that the rental of $143.00 in the lease that
expired on February 28, 1986, should not have been increased (to $167.20)
in the succeeding one. The rent for the period from March 1, 1986, to
February 28, 1988, was therefore established as $143.00 monthly.
After careful consideration of the record herein and of other records of
this Division, the Commissioner is of the opinion that this PAR should be
In 1985 the Westchester County Rent Guideline Board adopted a resolution
That any building whose owner shall fail to file data with the
Board on or before a prescribed date, following the receipt of a
written notice to do so, or to submit in writing reasons why
such data cannot be filed, which reasons are acceptable by the
Board, may be found to be within a class of housing for which a
guideline rate is not required.
DOCKET NUMBER: CJ 810078-RO
DHCR records show that the owner was not afforded an opportunity, pursuant
to that resolution, to file the aforementioned schedule. The landlord
cannot therefore be penalized, by denial of a guidelines rental increase,
for not filing same, and that denial will therefore be rescinded.
THEREFORE, in accordance with the Emergency Tenant Protection Act and
Tenant Protection Regulations, it is
ORDERED, that this petition be and the same hereby is granted, thus
revoking the Rent Administrator's order. The rent for the lease that
commenced on March 1, 1986 is as per the guidelines order for that period.
Any arrears in rent arising as a result of this order and opinion may be
paid to the owner in twelve equal monthly installments.