DH110248RO
                             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. DH110248RO

                                         :  DISTRICT RENT OFFICE
          Helen Hartofelis,                 DOCKET NO. ZQ3122023RT
                                           
                                            TENANT: Akihiro Sakod       

                           PETITIONER    : 
     ------------------------------------X                             

            ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW


     On August 4, 1989, the above named owner filed a Petition for Administrative 
     Review against an order issued on July 31, 1989 by the Rent Administrator 
     concerning the housing accommodations known as 33-12 29th Street, Astoria, 
     New York, Apartment No. 8 wherein the Rent Administrator determined the Fair 
     Market Rent pursuant to the Special Fair Market Rent Guideline promulgated by 
     the New York City Rent Guidelines Board for use in calculating Fair Market 
     Rent Appeals.

     The Administrative Appeal is being determined pursuant to the provisions of 
     Section 2522.3 of the Rent Stabilization Code.

     The issues herein are whether the Rent Administrator properly calculated the 
     Fair Market Rent for the subject apartment and whether the tenant's action 
     was withdrawn before the Rent Administrator.

     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 30, 1984 by 
     the tenant of a Tenant's Fair Market Rent Adjustment Application wherein the 
     tenant  stated that he commenced occupancy of the subject apartment on July 
     1, 1982 at a monthly rent of $400.00.  The owner was served with a copy of 
     the tenant's application and afforded the opportunity to submit comparability 
     data.     

     In a response to the tenant's application the owner stated that, among other 
     things, the rent for the subject apartment was the "fair market value rent."  
     No comparability data was submitted with the owner's response.

     In Order Number ZQ3122023RT, the Rent Administrator determined that the 
     tenant was entitled to a Fair Market Rent Appeal.  The Rent Administrator 
     further determined that, since no comparability data had been  submitted to 
     the D.H.C.R., the calculation of the Fair Market Rent was based solely on the 
     applicable Special Guidelines Order Number 13.  Based on such calculation, 
     the Rent Administrator found that the owner charged the tenant excess rent 
     and excess security totaling $4,651.50.

     In this appeal, the petitioner requests reversal of the Rent Administrator's 
     order and contends that, among other things, the rent charged the tenant was 
     comparable to the rents charged for a 2 bedroom apartment in the vicinity of 




          DH110248RO

     33-12 29th Street, Astoria.  The owner further contends that the tenant 
     withdrew his complaint in the proceeding before the Rent Administrator.  The 
     owner stated that the tenant moved to Japan.

     After a careful consideration of the entire evidence in the record, the 
     Commissioner is of the opinion that this petition must be denied.

     The Commissioner notes that, in accordance with the Rent Stabilization Law 
     and Code, the Fair Market Rent is determined by the application of a Special 
     Guidelines Order in effect when the tenant commenced occupancy and, upon the 
     owner's voluntary submission of comparability data.                         

     The Commissioner finds that, since, in the instant case, the owner did not 
     submit comparability data, the Fair Market Rent of $213.94 established for 
     the subject apartment was correctly based solely on the applicable Special 
     Guidelines Order Number 13 which provided for a 20 percent increase above the 
     1980 Maximum Base Rent of $178.28.

     Further, the Commissioner finds that the record does not include any 
     documentation purportedly filed by the tenant with the D.H.C.R. in the 
     proceeding before the Rent Administrator requesting a withdrawal of the 
     tenant's application.

     Accordingly, the Rent Administrator's determination was warranted.

     The owner is directed to reflect the findings and determinations made in this 
     order on all future registration statements, including those for the current 
     year if not already filed, citing the Rent Administrator's order as the basis 
     for the change.  Registration statements already on file, however, should not 
     be amended to reflect the findings and determinations made in the Rent 
     Administrator's order.  The owner is further directed to adjust subsequent 
     rents to an amount no greater than that determined by the Rent 
     Administrator's order plus any lawful increases.

     In the event the owner does not take appropriate action to comply with this 
     order within sixty (60) days from the date of issuance of this order, the 
     tenant may seek to enforce this order by filing an appropriate action in a 
     court of competent jurisdiction.  A copy of this order is being sent to the 
     tenant currently in occupancy of the subject apartment.

     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.

     ISSUED:


                                                                   
                                     JOSEPH A. D'AGOSTA
                                     Deputy Commissioner
    

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