STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. CC210334-RO
: DISTRICT RENT OFFICE
MCD Realty Co., DOCKET NO. AJ210226R
TENANT: Ianthe Giles
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 1, 1988, the above-named petitioner-owner filed a Petition for
Administrative Review against an order issued on January 26, 1988, by a
Rent Administrator concerning the housing accommodations known as
645 Eastern Parkway, Brooklyn, New York, Apartment No. 4B, wherein the
Rent Administrator 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
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 commenced by the tenant's filing of a rent
overcharge complaint on October 1, 1986. The tenant assumed occupancy
in June, 1986 pursuant to a one year lease at a rent of $360.00 per
In answer to the complaint, the owner submitted leases dating from
October, 1983. According to the lease commencing on that date, and
terminating on October 14, 1985, the rent on April 1, 1984 was $277.16
per month. The rent charged for the subsequent lease term, from October
15, 1985 to October 14, 1986, was $303.25 per month. The subsequent
lease was the complainant's vacancy lease.
In Order Number AJ210226R, issued on January 26, 1988, the Administrator
determined that the tenant had been overcharged a total of $900.70,
including excess security and interest on overcharges collected on and
after April 1, 1984.
In this petition, the owner contends that the Rent Administrator used an
incorrect base rent. The petition claims that the base rent on April 1,
1984 was $295.00 per month.
The Commissioner is of the opinion that this petition should be denied.
The record in this case establishes that the owner had submitted into
the record below which a lease covered the period from October 15, 1983
though October 14, 1985, and that such lease documented an initial legal
registered rent of $277.16 on April 1, 1984. This amount is confirmed
in DHCR registration records. The owner's claim that the actual rent
was $295.00 per month is not independently supported by evidence, and is
in conflict with the documentation previously submitted by the owenr.
The petition is therefore denied.
The owner is directed to reflect the findings and determinations made in
this order on all future registrations filed, citing this order as the
basis for the change. Registration statements already on file, however,
should not be amended to reflect the findings and determinations made in
this order. The owner is further directed to adjust subsequent rents to
an amount no greater than that determined by this order plus any lawful
The Commissioner has determined in this Order and Opinion that the owner
collected overcharges of $900.70. This Order may, upon expiration of
the period for seeking review of this Order and Opinion pursuant to
Article Seventy-eight of the Civil Practice Law and Rules, be filed and
enforced as a judgment. Where the tenant files this Order as a
judgment, the County Clerk may add to the overcharge, interest at the
rate payable on a judgment pursuant to Section 5004 of the Civil
Practice Law and Rules from the issuance date of the Rent
Administrator's Order to the issuance date of the Commissioner's Order.
A copy of this opinion will be sent to the current tenant in occupancy.
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.
JOSEPH A. D'AGOSTA