FB 210191-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.:
                                        FB-210191-RO
       FRIEBECK MANAGEMENT,
                                        DRO DOCKET NO.:
                        PETITIONER      BK-210629-R
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  ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
                             IN PART
                                
                                
On  February 14, 1991, the above named petitioner-owner  filed  a
Petition for Administrative Review against an order as amended on
January  10, 1991, by a Rent Administrator concerning the housing
accommodations known as Apartment E-10 at 457 Schnectady  Avenue,
Brooklyn,  New  York,  wherein  the District  Rent  Administrator
determined  that  the owner had overcharged  the  tenant  in  the
amount of $8,681.03, including treble damages.

The   issue   in  this  appeal  is  whether  the  District   Rent
Administrator's order was warranted.

The applicable sections of the Law are Section 26-516 of the Rent
Stabilization  Law  and Section 2526.1(f)  of  the  current  Rent
Stabilization Code.
in  which she stated that she had commenced occupancy on November
1, 1980, at a rent of $180.00 per month.

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.  The owner complied  with  this
request.


On  January 10, 1991, the Rent Administrator determined that  the
tenant  had  been overcharged in the amount of $8,681.03  through
January 31, 1991, and directed the owner to refund this amount to
the  tenant and to roll back the rent to $219.93 being  the  last
registered  legal  rent for the premises.   Treble  damages  were
assessed for those overcharges which had occurred during the two-
year  period  prior  to the filing of the complaint.   The  order
based  the  overcharges on the owner's failure  to  register  the
subject apartment in 1986.  No rent in excess of the lawful  rent
on March 31, 1986, was collectable by the owner.

In its petition, dated February 14, 1991, the owner contends that
any  deficiencies in the apartment registration ere  due  to  the
misrepresentations of the former owner, which the  current  owner
relied  on  to  his  substantial detriment.   The  owner  further
contends  that the prior owner even provided him with  a  written
statement  that  the  building  had  been   timely  and  properly
registered with the DHCR.  For this reason the owner disputes any
computation of wilfulness in the resulting overcharges, and feels
that  treble damages must be revoked.  The tenant responded  that
the  owner  was  legally  obligated to comply  with  registration
requirements, and is the only one responsible if they were not.

The  Commissioner is of the opinion that this petition should  be
granted in part.

A review of the registration records of the DHCR establishes that
the  prior  owner  Sol Gross, had registered the subject-building
and  subject-apartment timely in 1986 and that the  building  has
been  registered  in all other years.  Insofar  as  the  petition
alleges  no other error in the Administrator's calculations,  the
other overcharges detailed in the order are upheld.  Furthermore,
the imposition of treble damages also sustained, since the record
contains no evidence that such overcharges were not wilful. Total
overcharges  are  thus reduced to $64.59 as is  detailed  in  the
revised  rent calculations chart affixed hereto and made  a  part
hereof.

If  the owner has already complied with the Administrator's order
and there are arrears due to the owner as a result of the instant
determination, the tenant may pay off the arrears in  thirty  six
(36)  equal monthly installments.  Should the tenant vacate after
the  issuance  of  this  order, said  arrears  shall  be  payable
immediately.


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




ORDERED, that the petition be, and the same hereby is granted in
part; and the Administrator's order be, and the same hereby is
amended in accordance with this order and opinion.

ISSUED:




ELLIOT SANDER
                                         Deputy Commissioner
    

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