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.: DB 810021-RO
:
DRO DOCKET NO.: 35072
QUINCY LEASING CORP.
PETITIONER : OTHER PARTY: AUGUSTA HOLMES
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ORDER ANT OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
UPON RECONSIDERATION
On February 1, 1989, the above-named petitioner filed a Petition for
Administrative Review against an order issued on December 29, 1988, by the
Rent Administrator of the 10 Columbus Circle, New York, District Rent
Office, concerning the housing accommodations known as 11 Park Avenue,
Mount Vernon, New York, Apartment 1D.
The Administrative Appeal is being determined pursuant to the provisions
of Section 2506.1 of the Tenant Protection Regulations.
The issue herein is whether the Rent Administrator correctly established
the legal regulated rent of the subject apartment.
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.
On August 18, 1984, the tenant filed a timely objection to the 1984
apartment registration, stating that the apartment was rented in
September, 1970, and alleging, inter alia, a rent overcharge.
On July 7, 1988, a copy of the objection was sent to the landlord,
requesting the submission of leases and rental information from April 1,
1980, the Base Rent date for the subject apartment.
On August 26, 1988, the Administrator issued a "Final Notice of Pending
Default", again requesting the rental history.
On September 1, 1988, the landlord submitted its rent records, and leases,
through the renewal lease ending on September 30, 1988.
On December 29, 1988, the Rent Administrator issued an order establishing
the legal regulated rent at $417.81 per month, for the period commencing
October 1, 1987 and terminating on September 30, 1989, and finding an
overcharge in the amount of $15,258.34, including treble damages and
excess security. Said order also stated that the landlord had failed to
submit the information requested.
DOCKET NUMBER: DB 810021-RO
In its petition, the landlord contended, in substance, that it had
provided a rental history indicating the rent of the subject apartment was
properly and lawfully increased; that this information was also submitted
in response to a duplicate complaint filed under Docket Number
WMV-86-S-10-R; and resubmitted the documentation in question.
On November 27, 1989, the Commissioner issued an order and opinion denying
the petition on the grounds that the owner had failed to submit a complete
rental history from the base date: April 1, 1980.
On December 12, 1989 the Commissioner received a letter from the owner
wherein reconsideration of the Commissioner's order and opinion was
requested: Said letter stated that the petitioner had in fact submitted a
complete rental history substantiated by the owner's rent history index
cards.
In an order issued on December 15, 1989, the Commissioner granted
reconsideration and reopened the order and opinion of November 27, 1989
due to an irregularity in a vital matter. The Commissioner determined
that in fact the owner had submitted a complete rental history.
Although afforded an opportunity to do so, the tenant did not respond to
the order of December 15, 1989.
The Commissioner is of the opinion that the Petition should be granted
upon reconsideration.
The Commissioner finds that the index card records the owner keeps on the
subject apartment and which were submitted below are a reasonable
substitute for the actual leases. They appear to be kept
contemporaneously with the rents they describe and they do not appear to
be documents that were created for in the purposes of the proceeding
below. The Commissioner notes that the tenant has not challenged the
authenticity of these records. The Commissioner also finds that said
records provided substantiation of the rental history submitted by the
owner back to April 1, 1980, the base date herein.
The Commissioner further finds, as indicated on the chart annexed hereto
and made a part hereof, that no overcharges were collected from the tenant
through December 31, 1988.
If the owner has already complied with the Administrator's order and there
are arrears due to the owner as a result of the instant determination, the
tenant may pay off the arrears in twenty-four (24) equal monthly
installments. Should the tenant vacate after the issuance of this order,
said arrears shall be payable immediately.
THEREFORE, in accordance with the provisions of the Emergency Tenant
Protection Act of 1974, it is
DOCKET NUMBER: DB 810021-RO
ORDERED, that, upon reconsideration, 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.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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