CK410018RO
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. CK410018RO
: DRO DOCKET NO.CF410089R
Mordland Associates
TENANT: Sande M.Pisik
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 2, 1988, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
September 29, 1988, by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 290 Avenue of the Americas, New York, New York, Apartment
No. 3A.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2529.6 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 commenced by the tenant's filing of a rent
overcharge complaint on July 1, 1988. The tenant stated she took
occupancy of the subject housing accommodations pursuant to a three
year lease commencing on September 1, 1981 and expiring on August
31, 1984 at a monthly rent of $340.55 and that her rent was
thereafter increased to $374.61 on September 1, 1984 and to $398.95
on September 1, 1986.
In her complaint, the tenant contended, among other things, that a
lease for the period from September 1, 1984 to August 31, 1986 was
never sent to her by the owner and that she was being overcharged.
The tenant submitted, among other things, a copy of a lease for the
period from September 1, 1986 to August 31, 1988, signed only by
the tenant.
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In response to the tenant's complaint, the owner stated, among
other things, that the rent it was charging was the correct legal
amount, and that the tenant failed to include an approved MCI
increase. The owner submitted a copy of the September 1, 1986
lease signed by both parties.
In Order Number CF410089R (Amended), the Rent Administrator
determined the lawful stabilization rent based on the rental
history provided by the tenant; established the April 1, 1984
Initial Legal Registered Rent at $340.55 per month; deemed a two
year lease for the period from September 1, 1984 to August 31,
1986; determined that the tenant had been overcharged $311.38, and
directed the owner to roll back the rent to the legal regulated
rent and make a full refund of the overcharge to the tenant.
In this petition, the owner contends in substance that errors were
made on the Administrator's Rent Calculation Chart, based on
incorrect lease periods. In support of this contention, the owner
submitted a copy of a lease commencing September 1, 1981 and
terminating August 31, 1983 at a monthly rent of $340.55, and a
lease commencing September 1, 1983 and terminating August 31, 1986
at a monthly rent of $374.61, along with a printout of the tenant's
rental history from September 1984.
The Commissioner is of the opinion that this petition should be
denied.
Section 2529.6 of the Rent Stabilization Code states, in pertinent
part, that review on administrative appeal shall be limited to
facts or evidence before a Rent Administrator as raised in the
petition.
Review of the record evidences that the owner was afforded an
opportunity during the proceeding before the Administrator to
produce documentation of the rental history of the subject
apartment and to rebut the tenant's assertions regarding the rental
history, but that no such evidence was produced nor did the owner
contradict the tenant's assertions pertaining to the lease periods.
Accordingly, in the absence of any explanation as to why the
documentation was not produced below, it may not be considered on
appeal.
The owner is directed to reflect the findings and determinations
made in this order on all future registration statements, including
those for the current year if not already 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
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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 increases.
The Commissioner herein determines that the owner collected
overcharges of $311.38. 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, not in excess of twenty
percent per month of the overcharge may be offset against any rent
thereafter due the owner. The tenant may add to the overcharge
interest at the rate payable on a judgment pursuant to Section 4004
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
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