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. DJ410017RO
: DRO DOCKET NO. L3115245-R
Baruch Mappa TENANT: Michael Nock
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 2, 1989, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
August 29,1989, by the Rent Administrator, concerning the housing
accommodations know as 250 West 72nd Street, New York, New York,
Apartment No.3C wherein the Rent Administrator determined that the
owner had overcharged the tenant.
The Commissioner notes that this proceeding was filed prior to
April 1, 1984. Sections 2526.1 (a) (4) and 2521.1 (d) of the
Rent Stabilization Code (effective May 1, 1987) governing rent
overcharge and fair market rent proceedings provide that
determination of these matters be based upon the law or code
provisions in effect on March 31, 1984. Therefore, unless
otherwise indicated, reference to Sections of the Rent
Stabilization Code (Code) contained herein are to the Code in
effect on April 30, 1987.
The Administrative Appeal is being determined pursuant to the
provisions of Section 42A of the former Rent Stabilization Code.
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 proceedings was originally commenced by the filing of a rent
overcharge complaint by the tenant on March 25, 1984.
Although served a copy of the tenant's complaint, the owner failed
to submit the rental history of the subject apartment.
In Order Number L3115245R, the Rent Administrator determined that
due to the owner's failure to submit a complete rental history, the
owner had collected a rent overcharge of $3,950.00 including treble
damages on that portion of the overcharge occurring on and after
April 1, 1984.
In this petition, the owner contends in substance that since the
tenant did not file a timely objection to the initial registered
rent of $400.00 per month, there was no overcharge.
The Commissioner is of the opinion that this petition should be
Section 42A of the former Rent Stabilization Code requires that an
owner retain complete records for each stabilized apartment in
effect from June 30, 1974, to date and produce them to DHCR upon
demand. If the apartment was decontrolled from the Rent Control
Law after June 30, 1974, the owner must provide satisfactory
documentary evidence of the apartment's date of decontrol and
submit a rental history from that date.
In the instant case, the owner has not provided a complete rental
history as mandated by Section 42A although afforded on opportunity
to do so . Accordingly, the Rent Administrator's order
establishing the lawful stabilization rent utilizing the Section
42A default procedure and finding a rent overcharge was warranted.
Further the tenant filed the overcharge complaint prior to the
service of the initial registration in 1984 and therefore was not
required to file an objection to such registration to have his
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 this 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 this order. The owner is further directed
to adjust subsequent rents to an amount no greater than that
determined by this order plus any lawful increases. A copy of this
Order and Opinion is being sent to the current occupant of the
The Commissioner has determined in this Order and Opinion that the
owner collected overcharges of $3,950.00. This Order may, upon
expiration of the period for seeking review of this Order and
Opinion pursuant to Article Seventy-eight of the Civil Practice Law
and Rules, be filed and enforced as a judgment. Upon such filing
the County Clerk may add to the overcharge, interest at the rate
payable on a judgment pursuant to section 5004 of the Civil
Practice Law and Rules from the issuance date of the Rent
Administrator's order to the issuance date of the Commissioner's
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.
JOSEPPH A. D'AGOSTA