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
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CG210112RO
Trump Management Inc., DRO DOCKET NO.: AK210419R
TENANT: Denise Salmon
PETITIONER
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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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