CG210112RO

       
                                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

      ------------------------------------X 
      IN THE MATTER OF THE ADMINISTRATIVE    ADMINISTRATIVE REVIEW
      APPEAL OF                              DOCKET NO.: CG210112RO

           Trump Management Inc.,            DRO DOCKET NO.: AK210419R

                                             TENANT: Denise Salmon            
                                PETITIONER    
      ------------------------------------X                             


          ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW

      On July 18, 1988, the above-named petitioner-owner filed a Petition for 
      Administrative Review against an order issued on June 27, 1988, by a 
      Rent Administrator concerning the housing accommodations known as 405 
      Westminster Road, Brooklyn, New York, Apartment No. LF-5, 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 
      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 on November 10, 1986 by the 
      filing of a rent overcharge complaint by the tenant.  
           
      In Order Number AK210419R, the Rent Administrator determined that the 
      tenant had been overcharged in the amount of $2,650.60, including 
      interest, and directed the owner to refund such overcharge to the 
      tenant.

      In its petition, the owner contends that the Administrator's order must 
      be revoked as improper because the owner was never served with the 
      complaint, and was thus denied due process.  The owner states that the 
      DHCR was advised of this the first time in the owner's letter of 
      December 29, 1986, after the owner received several supplementary 
      documents but not a copy of the complaint itself.  Subsequently, after 
      the DHCR ignored this request, the owner again advised the Administrator 
      of the situation in a letter dated February 15, 1988, but the owner 
      states that this was also ignored.

      A copy of the complaint was subsequently served on the owner.  In 
      response, the owner submitted a rental history, of which the following 
      items are pertinent:








          CG210112RO

           a) a rent ledger card, which indicates that the prior tenant, 
           Walker, entered into a renewal lease commencing on June 1, 1984 at 
           a rent of $457.90.  This tenancy is also mentioned on page 3 of the 
           complainant's lease;

           b) a copy of DHCR order KS5000518, issued on June 27, 1986, which 
           granted the owner's MCI application for new aluminum thermal 
           windows.  Such order had not been considered by the Administrator.

      A copy of the owner's submission was sent to the tenant.  In her answer, 
      the tenant alleges that the MCI order was collected in excess of 10 
      months, which is the period first mentioned in the owner's notice to 
      her.

      The Commissioner is of the opinion that this petition should be granted.

      In the instant case, the record fails to adequately document that the 
      Administrator served a copy of the tenant's complaint on the owner.  On 
      appeal, the owner was duly served with the complaint, and in response 
      the owner provided a complete rental history.  Specifically, the owner's 
      records establish that there was a renewal lease for the prior tenant, 
      Walker, commencing June 1, 1984.  This intervening lease increased the 
      base rent used in calculating the complainant's initial rent.  In 
      addition, the owner is correct that the MCI increase, which was granted 
      in order KS5000518, should have been included.  As a result, no 
      overcharge occurred in the period under review, as documented in the 
      rent calculation chart affixed hereto and made a part hereof.

      If the owner has already complied with the Rent Administrator's order 
      and there are arrears due to the owner as a result of the instant 
      determination, the tenant is permitted to pay off the arrears in 24 
      equal monthly installments.  Should the tenant vacate after the issuance 
      of this order or have already vacated, said arrears shall be payable 
      immediately.

      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, granted, and that the order of the Rent Administrator be, and 
      the same hereby is, revoked, and it is found that no rent overcharge 
      occurred.


      ISSUED:



                                                                  
                                      JOSEPH A. D'AGOSTA
                                      Deputy Commissioner
    

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