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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. EE 210399 RT
: DISTRICT RENT OFFICE
DOCKET NO. Z 056973
TENANT: William Peacock
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On May 31, 1990, the above-named petitioner-tenant filed a Petition for
Administrative Review against an order issued on May 3, 1990, by the
Rent Administrator, 92-31 Union Hall Street, Jamaica, New York,
concerning the housing accommodations known as 1173 Flatbush Avenue,
Brooklyn, New York, Apartment No. 2B, wherein the Rent Administrator
dismissed the Tenant Objection as untimely filed in excess of 90 days
after receipt of the Initial Apartment Registration.
The Administrative Appeal is being determined pursuant to the provisions
of Section 26-513 of the Rent Stabilization Law.
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 proceeding was originally commenced by the filing of a Tenant's
Objection by the tenant on May 3, 1985 alleging that his rent was an
overcharge and that no Initial Apartment Registration form was received
from the owner.
The owner submitted copies of the affidavit from the RSA attesting to
the service of the initial apartment registrations on the tenants on
July 11, 1984 along with an Apartment Registration list indicating the
tenants and apartments served plus the mailing permit. The tenant's
name and apartment were listed as having been served the Initial
Apartment Registration on July 11, 1984.
In Order Number Z 056973, the Rent Administrator dismissed the Tenant
Objection as untimely because it was filed in excess of 90 days after
receipt by the tenant of the Initial Apartment Registration form on July
In this petition, the tenant contends in substance that the owner
registered the Apartment as "exempt" which was incorrect because the
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tenant was in occupancy and paying rent; the apartment registration work
sheet was date-stamped August 26, 1985 by DHCR and therefore the
apartment was not registered in 1984; the Rent Administrator failed to
consider numerous documents submitted by the tenant to DHCR and
therefore the Rent Administrator's dismissal of his Tenant Objection was
Along with his petition, the tenant submitted copies of the Apartment
Registration Worksheet and letters from the tenant to DHCR docket K
In answer to the tenant's petition, the owner stated in substance that
it opposes the administrative review because the owner properly
registered and served the tenant but the tenant filed his objections in
excess of 90 days thereafter.
The Commissioner is of the opinion that this petition should be granted
and that the Rent Administrator's order dismissing the tenant's
objection should be revoked.
An examination of the record in this case discloses that prior to filing
the Tenant Objection on May 3, 1985, the tenant had filed a complaint of
rent overcharge on April 25, 1985 under Docket # K 001819 R.
On September 28, 1989, the Rent Administrator determined under Docket ZK
001819 R that the tenant's initial rent on July 1, 1983 was in excess of
the fair market rent for the subject apartment; adjusted the initial
rent from $324.00 to $254.13 and directed that a refund of $2,264.67 be
paid to the tenant. A petition filed by the owner against order ZK
001819 R was dismissed as untimely by the Commissioner.
Further review discloses that the correspondence and submissions
referred to by the tenant in his petition were to the prior docket and
were therefore not before the Rent Administrator during the processing
of the order appealed herein. These documents indicate that the
granting of the tenant's Fair Market Rent Application under K 001819 R
was predicated on the fact that the owner's service of the Initial
Apartment Registration on the tenant in 1984 was defective in that the
owner registered the apartment as "exempt" whereas documents presented
from Landlord and Tenant Court proceedings between the owner and tenant
reveal that the tenant paid rent for the subject apartment and did not
occupy the apartment without payment of rent as a superintendent and
therefore the apartment was not exempt.
Accordingly, the Rent Administrator's order herein, dismissing Tenant
Objection 056793 was not warranted and must be revoked since the issues
involved had been previously adjudicated under ZK 001819 R.
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, granted and, that the order of the Rent Administrator be, and
the same hereby is, revoked.
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It is noted that the Rent Administrator's prior order and opinion issued
under Docket Number ZK 001819 R remains in full force and effect.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner