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. EF210221RO
Llewellyn Phillip, District Rent Office
Docket No. K000917R
Tenant: Paulette D. Bazil
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 19, 1990, the above-named owner filed a Petition for
Administrative Review of an order issued by the District Rent
Administrator on May 16, 1990 concerning the housing accommodations
known as 1908 Newkirk Avenue, Apartment C4, Brooklyn, New York wherein
the Administrator determined that the owner had overcharged the tenant.
A search of the record reveals that the Rent Administrator, on February
26, 1985 issued an order granting the fair market rent appeal of a prior
tenant of this housing accommodation. That order, under Docket No.
CTA0155, established a fair market rent of $252.66 effective May 15,
1981, and directed the owner to refund excess rents totalling $2017.06
to the tenant and to roll back the rent to the stabilized rent
consistent with that decision. No PAR was filed against that order.
This proceeding was commenced by the filing of a rent overcharge
complaint by the current tenant in March 1985. The tenant took
occupancy on September 1, 1983 under a lease commencing on September 1,
1983 an expiring on August 31, 1984, at a monthly rent of $430.00.
In the order here under review, Docket #K000917-R dated May 16, 1990,
the Administrator determined that the tenant had been overcharged the
sum of $34,061.89, including treble damages on those overcharges
collected on and after April 1, 1984.
In the instant petition, the owner contends that Docket No. CTA0155
should be reversed, and the fair market rent recalculated based on new
submissions. The owner does not raise any objection to the finding of
overcharge in Docket #K000917-R.
The Commissioner is of the opinion that this petition for administrative
review should be denied.
The Commissioner finds that the determination of fair market rent under
Docket #CTA0155, dated February 26, 1985, is res judicata; the owner did
not timely appeal it, and he may no longer challenge it.
Since the owner has raised no objection to the instant overcharge order,
under Docket No. K000917-R, the petition herein must be denied.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied.
JOSEPH A. D'AGOSTA