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. CB110338RO
(REFILING OF CA110136RO)
FRESH MEADOWS ASSOCIATES, DRO DOCKET NO. Q3120719RT
PETITIONER TENANT: STEVEN LAVERLY
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On February 25, 1988 the above-named petitioner-owner perfected the
filing of a Petition for Administrative Review against an order
issued on December 31, 1987 by the Rent Administrator, 10 Columbus
Circle, New York, New York concerning the housing accommodations
known as 64-02A 192nd Street, Fresh Meadows, New York, Apartment
No. 2C wherein the Rent Administration determined that the owner
had overcharged the tenant.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2526.1 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 by the filing in March,
1984 of a fair market rent appeal and a rent overcharge complaint
by the tenant. It appears that the owner received only the fair
market rent appeal.
In answer to the tenant's fair market rent appeal the owner stated
in substance that the tenant did not have the right to file a fair
market rent appeal sin e the apartment had never been rent-
controlled. The owner also requested to be informed if a rental
history was required even though the tenant had not filed an
overcharge complaint.
CB110338RO
In Order Number CDR 32244 the Rent Administrator, not having made
any subsequent request for a rental history, determined that, due
to the owner's failure to submit a complete rental history, the
tenant had been overcharged in the amount of $3,332.65 as of April
30, 1983, and directed the owner to refund such overcharge to the
tenant as well as to reduce the rent.
In this petition the owner alleges in substance that it was not
given the requested opportunity to submit rent records, and that
there had been no overcharge. With its petition the owner has
submitted a rental history from 1973.
A copy of the petition sent to the tenant was returned by the
Postal Service. (The owner stated that the tenant left no
forwarding address upon vacating in 1985.)
The Commissioner is of the opinion that this petition should be
granted.
Given the particular circumstances of the present case, the
Commissioner finds it appropriate to consider the rental history
submitted by the owner. It shows that, beginning with an April 1,
1980 base date (applicable in this Second Department case pursuant
to the Appellate Division, Second Department case in J.R.D.
Management), there has been no overcharge as of April 30, 1983.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, granted and
the Rent Administrator's order be, and the same hereby is, revoked.
The lawful stabilization rent is $596.50 per month in the lease
from April 19, 1982 to April 30, 1983.
ISSUED:
JOSEPH A. D'AGOSTA
DEPUTY COMMISSIONER
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