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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.CK210160RT
: DRO DOCKET NO. ZBC210102R
VERNON POUNCEY
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 17, 1988, the above-named petitioner-tenant filed
a Petition for Administrative Review against an order issued on
October 17, 1988, by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 1155 East 35th Street, Brooklyn, New York, Apartment No.
A9, wherein the Rent Administrator terminated the proceeding on the
basis that the tenant's complaint was not timely filed.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2528.2 of the Rent Stabilization Code.
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.
This proceeding was originally commenced in February, 1987 by
the filing of a tenant's complaint of rent overcharge in which the
tenant stated that he was served with the apartment registration
form but that he had originally filed a rent overcharge complaint in
1983. The tenant further stated that the prior tenant had been
residing in the subject apartment for over thirty years and that he
believed his initial rent after the prior tenant vacated was too
high.
In response to the tenant's complaint, the owner stated that
the apartment registration form had been hand delivered to the
tenant on June 28, 1984, and that accordingly, the tenant's
complaint should be dismissed as untimely. The owner submitted a
signed receipt from the tenant as proof of service.
In Docket ZBC210102R, the Rent Administrator terminated the
tenant's complaint on the basis that it was not timely filed.
In this petition, the tenant alleges in substance that his
complaint was not about a rent increase but that he was questioning
the initial rent he was charged when he first moved to the subject
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apartment.
The Commissioner is of the opinion that this petition should be
denied.
Pursuant to Sections 2522.3(c)(2), 2526.1(a)(2)(ii), and
2528.2(d) of the Rent Stabilization Code, a tenant must file a
challenge to the initial apartment registration (overcharge
complaint or fair market rent appeal) within 90 days of service of
the registration form on the tenant by certified mail. Section
2528.2(d) further provides that for registrations served prior to
the effective date of that section, any method of service permitted
by the DHCR at the time of service shall be deemed to have the same
effect as service by certified mailing.
The Division's instructions for service of the initial
apartment registration on the tenant by the owner provided for hand
delivery of the envelope with signed receipt. In the instant case,
the owner submitted the signed receipt proving hand delivery on the
tenant on May 28, 1984. Since the tenant did not file the instant
complaint until 1987, said complaint was not timely and the Rent
Administrator properly dismissed it. Further an examination of DHCR
rent records does not disclose that the tenant had filed an earlier
complaint in 1983 as the tenant alleged in the overcharge complaint
herein.
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.
ISSUED
JOSEPH A. D'AGOSTA
Deputy Commissioner
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