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. CG510033RO
526-211 Associates, : DISTRICT RENT OFFICE
DOCKET NO. ZBA510160R
TENANT: Arlene Ramirez
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 21, 1988, the above-named petitioner-owner filed a Petition for
Administrative Review against an order issued on June 29, 1988, by the
Rent Administrator, 92-31 Union Hall Street, Jamaica, New York,
concerning the housing accommodations known as 526 West 211th Street,
New York, New York, Apartment No. 3D, wherein the Administrator
determined that the owner had collected an overcharge.
The Commissioner has examined all of the evidence of record and has
carefully considered that portion of the record relevant to the issue
raised is the administrative appeal.
This proceeding was commenced on January 15, 1987 when the tenant filed
a complaint of rent overcharge.
In response to the complaint, the owner submitted a complete rental
history, including leases and apartment registrations.
In the order here under review, the Administrator determined that the
owner had collected an overcharge of $533.57 inclusive of excess
security and interest on the overcharge.
In its appeal, the owner contends that the order is incorrect in that
the tenant failed to object to the rent registration within 90 days of
the date of mailing of the rent registration forms.
The tenant contends that her complaint was filed within 90 days of
learning of the overcharge and is therefore timely.
The Commissioner notes that the 90 day limitation imposed by Section
2522.3 of the Rent Stabilization Code is applicable only to the initial
registration. The tenant is not bound by the 90 day limitation for
years subsequent to the initial registration. In this case, the
overcharge occurred in years subsequent to the initial registration in
The Commissioner has determined in this Order and Opinion that the owner
collected an overcharge of $533.57.
Upon the expiration of the period for seeking review of this Order and
Opinion pursuant to Article Seventy-eight of the Civil Practice Law and
Rules, not in excess of twenty percent per month of the overcharge may
be offset against any rent hereafter due the owner. Where the tenant
credits the overcharge the tenant 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 be, and the same hereby is denied and the
Rent Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA