FD 210015-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.:
                                        FD 210015-RO
       ROSE REALTY COMPANY,
                                        DRO DOCKET NO.:
                        PETITIONER      CJ-210278-R
----------------------------------x     TENANT: MAURICE GROSSINGER


  ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
                                
                                
On  April  5, 1991, the above named petitioner-owner filed a Petition
for  Administrative Review against an order of the Rent Administrator
issued  on March 1, 1991 concerning the housing accommodations  known
as  Apartment  5-V located at 1120 Brighton Beach Avenue,   Brooklyn,
New  York.   The  Administrator determined that the tenant  had  been
overcharged.

The  Commissioner  has  reviewed the record and carefully  considered
that  portion  of  the record relevant to the issues  raised  by  the
appeal.

The tenant commenced this proceeding on October 12, 1989 by filing  a
Complaint of Rent Overcharge.  The tenant alleged that the owner  was
collecting an additional $15.00 per month surcharge for no reason, in
addition to the correct guidelines increase.

In  answer  to  the  complaint the owner stated that  the  additional
surcharge was being removed and the tenant's rent was being  adjusted
to $356.36.

On  January 7, 1991, the owner was sent a final notice advising  that
the rent would be frozen at $356.36 per month for the lease term from
September  1,  1988 to August 31, 1990 because the subject  apartment
had  not  been  registered for 1989 and 1990.   The  owner  was  also
advised that an overcharge of $15.00 per month for 24 months had been
determined, and that treble damages would be imposed resulting  in  a
total  overcharge of $1,095.00.  The owner was afforded  21  days  to
answer the notice but no response was received.



The  Administrator's  order repeated the determination  made  in  the
final notice and ordered the owner to refund $1,095 to the tenant.

On appeal the owner states that the decision of the Administrator was
contrary  to  law, arbitrary and capricious and states  "addendum  to
follow."  No such addendum was ever received.

After  careful  consideration  of the  evidence  in  the  record  the
Commissioner is of the opinion that the petition should be denied.

The  petitioner states no valid grounds for reversal of the  Adminis-
trator's  order.   A review of the record reveals that  the  Adminis-
trator properly determined the lawful rent and total overcharges  due
the  tenant and the owner has not stated any specific errors in  that
determination.  Accordingly, the order is affirmed.

This  order may be enforced in the same manner as a judgement of  the
Supreme Court.


THEREFORE, pursuant to 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:




ELLIOT SANDER
                                         Deputy Commissioner
    

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