CK610161RO
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. CK610161RO
: DRO DOCKET NO.B3101359RT
OMNIA PROPERTIES, INC. ET AL TENANT: GLORIA DEPRIMIO
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 11, 1988 the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
October 6, 1988, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
5601 Riverdale Avenue, Bronx, New York, Apartment No. 6C, wherein
the Rent Administrator determined that the owner had overcharged the
tenant.
The Commissioner notes that this proceeding was filed prior to
April 1, 1984. Sections 2526.1 (a) (4) and 2521.1 (d) of the Rent
Stabilization Code (effective May 1, 1987) governing rent overcharge
and fair market rent proceedings provide that determination of these
matters be based upon the law or code provisions in effect on March
31, 1984. Therefore, unless otherwise indicated, reference to
Sections of the Rent Stabilization Code (Code) contained herein are
to the Code in effect on April 30, 1987.
The Administrative Appeal is being determined pursuant to the
provisions of Section 42A of the former 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 filing in
December, 1983 of a rent overcharge complaint by the tenant. The
tenant stated in substance that she first moved to the subject
apartment on July 1, 1974 pursuant to a three year lease at a rental
of $265.00 per month and that she was requesting a full rental
history from the base date.
A copy of the tenant's complaint was served on the owner but no
response to the tenant's complaint was received from the owner.
In Order Number CDR 34,091, the Rent Administrator determined
that due to the owner's failure to submit a complete rental history,
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the owner had collected a rent overcharge of $4690.13
including interest on that portion of the overcharge occurring on
and after April 1, 1984.
In this petition, the owner contends in substance that the
original lease for the subject apartment was in the name of Daniel
Hartnett and no other person was named on the lease but that in 1976
a renewal lease was issued in the name of the complaining tenant
herein.
In response to the owner's petition, the tenant stated in
substance that she moved to the subject apartment with Daniel
Hartnett as witnessed by the fact that the July 1, 1974 lease stated
the tenants consisted of three persons and that all rent checks
during the period of the initial lease were in her name. Further
the owner would not have offered her a renewal lease in her own name
had she not been a tenant of the subject apartment.
The Commissioner is of the opinion that this petition should be
denied.
In the instant case, the tenant herein who paid the rent in her
own name during the initial lease period and who signed the renewal
leases must be considered a tenant entitled to file a rent
overcharge complaint. Accordingly, the owner's petition must be
denied. Rent records indicate that the tenant herein has now moved
from the subject apartment and that the subject apartment is now
exempt from rent regulation.
The Commissioner has affirmed in this Order and Opinion that
the owner collected overcharges of $4,690.13. 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.
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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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