EE 210399 RT

                                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. EE 210399 RT

                                          :  DISTRICT RENT OFFICE
                                             DOCKET NO. Z 056973
          William Peacock,                  
                                             TENANT: William Peacock          
                
                            PETITIONER    : 
      ------------------------------------X                             

          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 
      warranted.

      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 
      11, 1984.
      In this petition, the tenant contends in substance that the owner 
      registered the Apartment as "exempt" which was incorrect because the 







          EE 210399 RT

      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 
      in error.

      Along with his petition, the tenant submitted copies of the Apartment 
      Registration Worksheet and letters from the tenant to DHCR docket K 
      001819 R. 

      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.


          EE 210399 RT


      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.



      ISSUED:



                                                                    
                                      JOSEPH A. D'AGOSTA
                                      Acting Deputy Commissioner




                 




































    

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