CL 410112 RO
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.: CL 410112 RO
PETER EVANGELISTA,
DRO DOCKET NO.: L-3110079 RT
PETITIONER TENANT: MARY E. ALLEN
----------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 30, 1988, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
December 16, 1988 by the Rent Administrator, 10 Columbus Circle,
New York, New York, concerning the housing accommodation known
as 183 Sullivan Street, Apartment B-6, New York, New York,
wherein the Rent Administrator determined that the owner had
overcharged the tenant.
The Commissioner notes that this proceeding was initiated 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.
This 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 issues raised by the administrative appeal.
This proceeding was originally commenced by the filing on March
22, 1984 of a rent overcharge complaint by the tenant.
In response to the tenant's complaint, the owner stated in
substance that there was no overcharge and submitted an
incomplete rent history containing no leases or rent ledgers from
the base rent date to December 1, 1980.
In Order Number CDR 34,376, the Administrator determined that due
to the owner's failure to submit a complete rental history, the
CL 410112 RO
owner had collected a rent overcharge of $4,242.72 including
interest on that portion of the overcharge occurring on and after
April 1, 1984.
In this petition, the owner contends that the order should be
reversed because it has complied with applicable Rent Guidelines
Board Orders in calculating the tenant's rent.
In answer to the owner's petition, the tenant contends that in
view of the owner's refusal to provide a lease history and the
willfulness of the overcharge, not only should the
Administrator's order be sustained, but also treble damages
should be imposed.
The Commissioner is of the opinion that this petition should be
denied.
Section 42A of the former Rent Stabilization Code requires that
an owner retain complete records for each stabilized apartment in
effect from June 30, 1974 to date and produce them to the
Division of Housing and Community Renewal (DHCR) upon demand. If
the apartment was decontrolled from the Rent Control Law after
June 30, 1974, the owner must provide satisfactory documentary
evidence of the apartment's date of decontrol and submit a rental
history from that date.
In the instant case, the owner has not provided a complete rental
history as mandated by Section 42A. An examination of the record
reveals that the owner was advised that failure to submit a
complete lease history would be considered a default. Yet,
despite the advise, the owner failed to submit any rental
records for the period March 1, 1980 (alleged by the owner to be
the date of decontrol) through November 30, 1980 (the day before
this tenant commenced occupancy).
Accordingly, the Rent Administrator's order establishing the
lawful stabilization rent utilizing the Section 42A default
procedure and finding a rent overcharge was warranted.
Because this determination concerns lawful rents only through
November 30, 1987, the owner is cautioned to adjust subsequent
rents to an amount no greater than that determined by the Rent
Administrator's order plus any lawful increases, and to register
any adjusted rents with this order and opinion being given as the
explanation for the adjustment.
With respect to the tenant's request for treble damages, the
Commissioner notes that the tenant did not file her own
administrative appeal. Accordingly, the tenant's request may
not be considered in this proceeding.
This order may, upon the expiration of the period in which the
owner may institute a proceedi g pursuant to Article Seventy-
Eight of the Civil Practice Law and Rules, be filed and enforced
by the tenant in the same manner as a judgment or not in excess
of twenty percent thereof per month may be offset against any
rent thereafter due the owner.
CL 410112 RO
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 that the Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
------------------------
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
|
