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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.: DH 810399 RO
BEBLAT ASSOCIATION,
DISTRICT RENT ORDER
DOCKET NO.: YBE-8-1-0012/RV
PETITIONER TENANTS: JOHN AND GRACE
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 7, 1989, the above named petitioner-owner filed a
Petition for Administrative Review against an order issued on
July 13, 1989 by the Rent Administrator, 55 Church Street, White
Plains, New York concerning housing accommodations known as 47
Alta Avenue, Yonkers, New York, Apartment 2H.
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 commenced by the tenants filing a complaint
alleging, among other things, that the owner was overcharging in
rent. The tenants indicated that they took occupancy of the
subject apartment pursuant to a lease commencing January 29, 1979
and expiring January 31, 1980 at a monthly rent of $303.37.
In response, the owner asserted, among other things, that the
tenants failed to include charges for he parking spaces they
held.
The owner was subsequently directed to submit copies of leases
for the subject apartment dating from April 1, 1984 and proof
that it properly filed and served the apartment registration for
the years 1984 through 1987. In response, the owner submitted a
copy of a March, 1984 rent check from the tenants in the amount
of $365.67. The owner did not submit the requested lease copies
or apartment registration proof.
In the order appealed herein, the Rent Administrator established
the legal regulated rent based on the owner's failure to submit a
complete rental history and directed the owner to refund an
overcharge in the amount of $3,657.55, including interest, to the
tenants. The Rent Administrator determined that the owner was
not entitled to collect guideline increases for the years in
which it failed to file the required registration forms.
In this petition, the owner contends, in substance, that the Rent
DH 810399 RO
Administrator's determination of the legal regulated rent is
incorrect and that rent increases from 1980 through 1984 have
been ignored. Along with the petition the owner submitted a copy
of a note which it asserted was written by the tenant and
indicated the rent paid on December 31, 1984, and copies of two
rent checks dated March 31, 1984 and May 5, 1986. The owner did
not submit any copies of leases for the subject apartment on
appeal.
In response, the tenants asserted, in substance, that the Rent
Administrator's order was correct.
The Commissioner is of the opinion that this petition should be
denied.
Section 2509.1 of the Tenant Protection Regulations provides:
"Each housing accommodation subject to these Regulation
on April 1, 1984 shall be registered by the owner
thereof with the Division prior to July 1, 1984."
Section 2509.2 of the Regulations provides:
"An annual statement shall be filed containing the
current rent for each housing accommodation and such
other information specified in Section 2509.1 of these
Regulations as shall be required by the Division. The
owner shall provide each tenant then in occupancy with
a copy of that portion of such annual statement as
pertains to the tenant's housing accommodation."
Section 2509.3 of the Tenant Protection Regulations provides:
"The failure to file a proper and timely initial or
annual rent registration statement as required by this
part shall, until such time as such registration
statement is filed, bar an owner from applying for or
collecting any rent in excess of the legal regulated
rent in effect on the date of the last preceding
registration statement or, if no such statements have
been filed, the legal regulated rent in effect on the
date that the housing accommodation became subject to
the registration requirements of the Part. The filing
of a late registration shall result in the prospective
elimination of such sanctions."
In this case, the owner failed to submit a complete rental
history for the subject apartment or proof that it had filed and
served the apartment registration forms. Further, a review of
the Division's records shows that the owner had not filed the
required registration statements. Based thereon, the
Commissioner finds that the owner's petition should be denied.
THEREFORE, in accordance with the Emergency Tenant Protection Act
of 1974 and the Tenant Protection Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied,
and the Rent Administrator's order be, and the same hereby is,
affirmed.
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ISSUED:
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ELLIOT SANDER
Deputy Commissioner
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