CF210112RO
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.CF210112RO
: DRO DOCKET NO.TC063238G
DOUBLE A PROPERTY ASSOCIATES TENANT: HERBERT ROGERS
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 2, 1988, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on May 2,
1988, by the Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York, concerning the housing accommodations known as 60 Turner
Place, Brooklyn, New York, Apartment No. 3V, wherein the Rent
Administrator determined that the owner owed the tenant a $392.00
broker's fee it had collected.
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 tenant's
filling of a rent overcharge complaint in June, 1982. The tenant
stated in substance that he first moved to the subject apartment on
March 1, 1981 at a rental of $393.00 per month and that the owner
was refusing to refund a $393.00 renting fee it had charged. In
support of his contention, the tenant submitted a copy of a
determination from the New York State Division of Licensing Services
wherein it was found inter alia that the tenant's roommate had paid
an illegal renting fee of $393.00.
In Order Number CDR 33,248, the Rent Administrator determined
that the owner owed the tenant $393.00 as a result of the illegal
renting fee.
In this petition, the owner alleges in substance that the
tenant deducted the amount of $393.00 when paying his August, 1982
rent. In support of such contention, the owner submitted a copy of
the tenant's rent check for $393.00 dated July 6, 1982 for $393.00
and an unsigned statement allegedly from the tenant to the effect
that since the $393.00 illegal renting fee was not refunded, this
amount would cover the July and August rent for the subject
CF210112RO
apartment.
In response to the owner's petition, the tenant stated in
substance that he in fact never deducted the illegal renting fee
from the August 1982 rent.
The Commissioner is of the opinion that this petition should be
denied.
An examination of the evidence of record discloses that the
owner has submitted insufficient proof to establish its contention
that the illegal renting fee of $393.00 was ever refunded to the
tenant or deducted from the tenant's rent. Accordingly, the Rent
Administrator's order was warranted. Further the record shows that
the tenant has now moved from the subject apartment.
The Commissioner has determined in this Order and Opinion that
the owner collected overcharges of $393.00. 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.
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
CF210112RO
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