EG 510332-RO
                                

                        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
                                
                                
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IN THE MATTER OF THE ADMINISTRATIVE     ADMINISTRATIVE REVIEW
APPEAL OF                               DOCKET NO.:
                                        EG 510332-RO
       K. & P. MANAGEMENT,              DISTRICT RENT
                                        ADMINISTRATOR'S DOCKET NO.:
                                        BH 410239-R
                        PETITIONER      TENANT: LORI BULLOCK
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  ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
                                
                                
On  July  26,  1990, the above-named owner filed a  Petition  for
Administrative Review against an order issued on June  22,  1990,
by  a  District  Administrator concerning housing  accommodations
known  as  Apartment 67 at 640 West 139th Street, New  York,  New
York,  wherein the Administrator determined that the  tenant  had
been  overcharged  in the amount of $27,608.91, including  treble
damages.

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 appeal.

This  proceeding was originally commenced by the filing of a rent
overcharge complaint by the tenant on August 18, 1987.

The tenant took occupancy pursuant to a one year lease commencing
May  12, 1986, and expiring April 30, 1987, at a monthly rent  of
$560.00.

The  initial  legal registered rent of the subject apartment  was
$233.23,  which was the rent paid by the tenant in  occupancy  on
April 1, 1984.

The  owner  was  served  with a copy of  the  complaint  and  was
directed  to submit a complete rent history from the  base  date,
including  copies  of all leases.  Subsequently,  the  owner  was
again  requested to submit this documentation.  The owner  failed
to comply with this request.


In  Order  No.  BH  410239-R issued on June 22,  1990,  the  Rent
Administrator determined that the tenant had been overcharged  in
the  amount  of  $27,608.91, including treble  damages.   It  was
further  determined that since the owner failed to  submit  prior
leases, all rent increases prior to the complainant's May 1, 1986
vacancy lease were denied.

In his petition, dated July 20, 1990, the owner claims that the
apartment had been partially renovated prior to the complainant's
occupancy,  but that he is requesting additional time to  collect
the evidence to prove this.

The  Commissioner is of the opinion that this petition should  be
denied.

The  petitioner fails to allege any mistake or impropriety by the
Administrator  that  could impugn the  order.   Furthermore,  the
Commissioner may not consider new evidence for the first time  on
appeal  absent a showing that the party could not have reasonably
submitted  the  evidence  to the Rent Administrator.   Since  the
owner  has made no such showing, the request for additional  time
to present such evidence must therefore be denied.

In  this  regard, the Commissioner finds that the owner had  suf-
ficient notice that he was required to submit all rent records
including bills for improvements.

Since the complainant has terminated her occupancy of the subject
apartment, a copy of this Order and Opinion will also be sent  to
the current tenant in occupancy.

This  order may, upon the expiration of the period in  which  the
owner  may institute a proceeding pursuant to Article 78  of  the
Civil Practice Law and Rules, be filed and enforced by the tenant
in  the  same  manner as a judgment or not in  excess  of  twenty
percent  thereof per month may be offset against any rent  there-
after due the owner.


THEREFORE,  in  accordance with the Rent  Stabilization  Law  and
Code, it is

ORDERED, that this petition be, and the same hereby is denied;
and that the Administrator's order be, and the same hereby is
affirmed.

ISSUED:


JOSEPH A. D'AGOSTA
                                         Deputy Commissioner
    

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