DOCKET NO.: DC 910452-RO
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 APPEAL
APPEAL OF DOCKET NO. DC 910452-RO
: DRO DOCKET NO. 35060
CORONET PROPERTIES CO.
BY DOYLE, DOHERTY & FLEISHELL, :
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On or about March 31, 1989 the above-named owner filed a petition for
administrative review of an order issued on February 23, 1989 by a
District Rent Administrator concerning the housing accommodation known as
Apartment 32 at 455 North Broadway, Yonkers, New York wherein the
Administrator determined that the tenant had been overcharged.
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 filing of a rent overcharge complaint
by the tenant, on August 24, 1984.
The tenant took occupancy pursuant to a one-year lease commencing on
December 15, 1982 and expiring on December 31, 1983 at a monthly rent of
$400 for first six months and $412 a month for second six months.
In its answer the owner stated that it did not have the lease for the
subject premises, but did not send to the administrator all of the
Steinhardt's leases from 1982 thru 1987 vacancy.
In the order under review herein, the Administrator found that the owner
had failed to submit a complete rental history, determined that the legal
regulated rent would be established by using the Tenant Protection
Regulations rent roll procedure; established the legal regulated rent for
the tenant's vacancy lease at $350.00 per month, in accordance with the
default procedure, and computed total overcharges in the amount of
In his petition for review the owner asserts that he never received the
previous leases from the prior owner, but that the Steinhardt's first
1982 lease alleging that the prior (unnamed) tenant allegedly paid $381.00
a month. The petitioner therefore argue that the overcharge wasn't
wilful as he relied on the rent history as received from prior owner.
The owner also challenges the room count of 3 rooms found by the
DOCKET NO.: DC 730162-RO
Administrator. The owner claims there are 4 rooms as per his floor plan
and applicable statutes.
The tenant who had vacated on December 31, 1987, with current address
unknown, did not submit an answer to the petition.
The Commissioner is of the opinion that this petition should be denied.
The record indicates that although demand was made upon the owner to
submit the subject apartment base date lease, the owner failed to submit
such evidence. The fact that this owner had acquired this building after
the base date did not excuse it from complying with the demand; in this
respect a new owner steps into the shoes of a former owner and fully
undertakes the obligation to produce all leases and other evidence of
stabilized apartment's rental history on demand of the rent agency, as set
forth ETPA. Accordingly, it is found that the failure of the owner to
submit the demanded evidence warranted a finding of default.
Since the owner failed to supply the administrator with complete rental
records from 1980 the Commissioner finds that the administrator correctly
calculated the lawful stabilized rent of the complaining tenant to be
$350.00 upon his commencement of occupancy.
As for the owner's assertion that the Rent Administrator should accept the
statement of prior rental amount per clause 35 at $381.00. No name of
alleged prior tenant is supplied.
Said clause is considered self serving of the prior owner and is not a
sufficient substitute for the actual prior lease which is required by
statute as proof of prior rent.
THEREFORE, in accordance with Emergency Tenant Protection Act and the
Tenant Protection Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied and that
the District Rent Administrator's order be, and the same hereby is,
affirmed; and it is
FURTHER ORDERED, that the owner, Coronet Properties Co. shall immediately
refund to the tenant all amounts not yet refunded representing
overcharges, penalties, and excess security deposit; and it is
FURTHER ORDERED, that if the owner, Coronet Properties Co. have not
refunded any such amounts upon the expiration of the period for seeking
judicial review of this order pursuant to Article 78 of the Civil
Practice Law and Rules, the tenant, Meyer Steinhardt may file and enforce
a certified copy of this order as a judgment for the amount of 9,713.44
against Coronet Properties Co.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner