Docket No.: FD 410322 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 410322 RO
ANTHONY PAGAN, DRO DOCKET NO.: L-000389-R
PETITIONER TENANT: James Simmons
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner timely refiled a Petition for
Administrative Review against an order of the Rent Administrator
issued October 18, 1990. The order concerned housing
accommodations known as Apartment 13 located at 1571/2 Stanton
Street, New York, N.Y. The Administrator found that the tenant
had been overcharged and computed the total overcharges as
$76,123.73 including treble damages and excess security.
The Commissioner has reviewed the record and carefully considered
that portion relevant to the issues raised by this appeal.
The tenant commenced this proceeding by filing an overcharge
complaint on January 28, 1985 in which he indicated that the had
not received an apartment registration. The tenant claimed he
took occupancy of the apartment on September 10, 1984 at a rental
of $475.00 per month. The tenant stated that he believed the
landlord was overcharging "based on the location and size of the
apartment."
The owner was properly served with a copy of the complaint on
February 26, 1985. On October 8 and November 5, 1987 the owner
was requested to submit a copy of the apartment registration (form
RR-1) together with proof of service. In the absence of such
proof the owner was directed to submit all leases since April 1,
1980.
The owner answered on November 12, 1987 and stated that it had
submitted a prior answer on October 28, 1987. A copy of the
October 28 answer was enclosed which included copies of the 1984
and 1985 rent registrations and certificates of mailing by the
Rent Stabilization Association of the 1985 and 1986 registrations.
The Administrator advised the owner that the November 12 response
did not include the 1984 proof of service and an additional 20
days was afforded the owner to submit the additional evidence. On
November 20, 1987 the owner made a further submission which
consisted of the documents submitted on November 12 and an
affidavit of service by the Rent Stabilization Association stating
that the apartment registration forms were served on all tenants
of the subject building on February 20, 1985.
On December 7, 1987 and January 29, 1988 the owner was directed to
Docket No.: FD 410322 RO
submit complete copies of all leases from July 1, 1975. This
request was an attempt to substantiate the vacancy allowance
claimed pursuant to Rent Guidelines Board Order No. 15. The
Administrator also requested a copy of the 1984 registration and
proof of service. On April 21, 1988 the owner resubmitted its
November 20, 1987 submission.
The Administrator sent a notice to the owner, on October 31, 1988,
advising that it had not submitted proof of service of the Initial
Rent Registration form on the tenant and, as a result, a rental
history for the subject apartment from April 1, 1980 was required.
A Final Notice of Pending Default was sent to the owner on
September 24, 1990 advising the owner that copies of all leases
had not been submitted. The notice explained how the rent would
be determined if the required information was not submitted within
20 days. The owner was also informed that treble damages would be
imposed. The owner responded, on October 1, 1990, with copies of
leases dating from April 1983.
The Administrator found the owner to be in default of the
obligation to provide a rental history from April 1, 1980.
Utilizing accepted DHCR default procedures, the initial legal
regulated rent was established at $103.09, the lowest stabilized
rent for the same size apartment in the building, and frozen for
the period from August 17, 1984 to August 16, 1989. Finding that
the resulting overcharge was willful the Administrator imposed
treble damages. A total overcharge of $76,123.73 was computed
including excess security.
On appeal the owner states that it believes the tenant was not
overcharged and that it would "submit all lease(s) in the
conference." The tenant did not file a response.
After careful consideration of the evidence in the record the
Commissioner is of the opinion that the petition should be denied.
The Commissioner finds that the owner's grounds for appeal,
without more, do not provide any basis for modifying the
Administrator's order. No valid grounds for reversal have been
offered. While a hearing may be granted in exceptional cases this
proceeding does not present any need for the conference which
petitioner makes reference to. The Commissioner has reviewed the
Administrator's processing of this proceeding and finds that the
owner was given numerous opportunities over a protected period of
time to produce the required information. The Administrator acted
in full accord with established procedures and, according, the
order appealed from is affirmed.
Docket No.: FD 410322 RO
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 Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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