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. DF 210231-RO
: DISTRICT RENT OFFICE
Solil Management Corp., DOCKET NO. K-3106060-T
TENANT: Norman Savitt
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 16, 1989, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
May 19, 1989, by the Rent Administrator, Jamaica, New York,
concerning the housing accommodations known as 80 Cranberry
Street, Brooklyn, New York, Apartment No. 5H, wherein the Rent
Administrator determined the fair market rent pursuant to the
special fair market rent guideline New York City Rent Guidelines
Board for use in fair market rent appeals.
The issue herein is whether the Rent Administrator's order was
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 of a rent
market rent appeal by the tenant in March 1984. The tenant took
occupancy pursuant to a lease commencing August 1, 1983 nd
expiring February 28, 1985 at a monthly rent of $332.47.
In answer, he owner submitted documentation indicating that a
prior tenant (must) who commenced occupancy on March 1, 1977 was
the first stabilized tenant in the subject apartment and that the
subject tenant's lawful.
In Order Number K-3106060-T, the Rent Administrator adjusted the
initial legal regulated rent by establishing a fair market rent
of $188.89 effective March 1, 1977 the commencement date of the
prior tenant's initial rent stabilized lease established the
lawful stabilized rent for the subject tenant at $356.42
effective March 1, 1988; and directed a refund to the tenant of
In this petition, the owner contends in substance that the first
tenant following decontrol was timely served with a DC-2 notice
and therefore the subject tenant should not have been able to
file a tenant's fair market rent appeal.
In answer to the owner's petition, the tenant stated in
substance that the owner's petition should be denied.
The Commissioner is of the opinion that this petition should be
An examination of the record in this case discloses that the
owner was asked by the Rent Administrator to provide a DC-2
notice but failed to do so. Furthermore, the owner never sent a
copy of the alleged DC-2 notice together with this petition.
Accordingly, the Rent Administrator's order was warranted.
Because this determination concerns lawful rents only through
February 28, 1990, 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.
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.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner