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
APPEAL OF ADMINISTRATIVE REVIEW
DOCKET NOS: EA810195RO
Downing Management Corp ED 810206RO
D.R.O. DOCKET NO:
ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The above named petitioner-Landlord filed timely Petitions for
Administrative Review against orders issued on May 8, and
December 29, 1989 by the Rent Administrator, 55 Church Street,
White Plains, NY concerning housing accommodations known as 565
Broadway, Hastings-on-Hudson, New York, Apartment 3I.
Regarding the petition filed under Administrative Docket No.
ED810206RO, the Commissioner notes that the owner has submitted
documentary proof to show that said petition was timely filed.
These petitions are being consolidated since they involve common
issues of law and fact.
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 appeals.
This proceeding was commenced by the tenant filing an overcharge
complaint and a complaint of the owner's failure to renew the
lease. The tenant asserted that the rental amount indicated on
the lease offered by the owner was incorrect and that the owner
was not entitled to rent increases because it did not file
The landlord was served with copies of the complaints and
provided an opportunity to submit an answer. There is no
indication in the record that the owner submitted a response to
Docket No. EA 810195 RO - 2 -
In Docket No. SCD8-1-0068/R issued May 8, 1989 the Rent
Administrator determined that the owner failed to timely file an
Operating and Maintenance Expense Schedule for the 1987-1988
guideline period and was therefore not eligible to collect
guideline rent increases on leases commencing between October 1,
1987 and September 30, 1988. The Rent Administrator established
the Legal Regulated Rent at $550.50 per month for the period form
October 1, 1987 through September 30, 1989, determined that the
owner had collected an overcharge in the amount of $591.65 and
directed the owner to refund said amount to the tenant. The
Rent Administrator advised that subsequent lease renewals must be
predicated upon the Legal Regulated Rent as established.
In Docket No. SDI-8-1-0014/RV, issued December 29, 1989, the Rent
Administrator determined that the landlord had failed to offer a
renewal lease to the tenant and directed the owner to offer the
tenant a renewal lease pursuant to Section 45 of the Tenant
Protection Regulations which provides, as the Rent Administrator
noted, that where the landlord fails to offer a renewal of the
lease as prescribed by the Regulations, the tenant shall have the
option of choosing 1) whether the one or two year term of such
lease whenever it is offered shall commence on the date a renewal
lease would have
commenced had a timely offer been made or 2) on the first rent
payment date commencing 90 days after the date the landlord does
offer the lease to the tenant and that the guideline rate
applicable in such cases shall be the rate in effect on the first
day subsequent to the expiration of the last lease or the rate in
effect when the lease is renewed, whichever is lower.
The Rent Administrator further noted that the tenant's renewal
lease shall be based on the legal regulated rent of $555.50
pursuant to the Order and Determination issued under Docket
Number SCD-8-1-0068/R, indicated above, increased by the
allowable guideline rate of 3% for a one year lease or 5% for a
two year lease.
In these petitions, the owner contends, in substance, that it
timely filed the required deocuments and therefore, the orders
appealed herein should be revoked.
In response, the tenant asserts, in substance, that the landlord
should be made to offer a renewal lease in accordance with the
Rent Administrator's orders.
The Commissioner is of the opinion that these petitions should be
By resolution of the Westchester County Rent Guidelines Board,
any landlord who failed to file a 1987-88 Property Maintenance
Docket No. EA810195RO - 3 -
and Operations Cost Survey Scheduled on or before the prescribed
date following receipt of written notice to do so was ineligible
to collect guideline increases for the period October 1, 1987
through September 30, 1988. Notice was sent to landlords to in
March, 1987 advising them to file the schedule within 45 days of
receipt or by April 30, 1987, whichever was later.
In this case, the record indicates that the landlord did not
timely file a 1987-88 Property Maintenance and Operations Cost
Survey Schedule. Although the cost survey submitted by the
landlord was dated April 30, 1987, the record indicates that it
was in fact postmarked 7-29-87 and was therefore clearly late.
Based thereon, the Rent Administrator properly determined that
the landlord was ineligible to collect guideline increases as
specified above and properly established the legal regulated
Section 45 (9NYCRR 2503.5) of the Tenant Protection Regulations
provides in pertinent part that on a form prescribed by the
Division, signed and dated by the landlord, every landlord shall
notify the tenant in occupancy not more than 120 days and not
less than 90 days prior to the end of the tenant's lease, by
certified mail, of such termination of the lease term and offer
and offer to renew the lease at the legal regulated rent for such
renewal lease and otherwise on the same conditions as the
Based on the entire record, including the landlord's failure to
submit an answer to the tenant's complaint, the Commissioner
finds that the Rent Administrator's determination that the
landlord had failed to offer the tenant a renewal lease in
accordance with the Regulations was warranted and the landlord
was properly directed to offer the tenant a renewal lease.
The Commissioner notes that a check of the Division's records
reveals that the landlord has not complied with the herein
appealed order. Therefore, the owner is now ordered to offer the
tenant a renewal lease within 30 days of this Order. The tenant
shall have the option of selecting a one or two year lease and be
given 60 days to exercise her choice in accordance with the
provisions of Section 45 of the Regulations. The renewal lease
rent must be predicated upon the legal regulated rent established
in docket No. SCD-8-10068/R, as indicated above.
THEREFORE, in accordance with the provisions of the Emergency
Tenant Protection Act of 1974 and the Tenant Protection
Regulations, it is
Docket No. EA810195RO - 4 -
ORDERED, that these petitions be, and the same hereby are,
denied, and the Rent Administrator's orders be, and the same
hereby are, affirmed.
Joseph A. D'Agosta