FJ 610074 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. FJ 610074 RO
: DISTRICT RENT
Stanley Turuk, ADMINISTRATOR'S
DOCKET NO. DD 610343 R
TENANT: Carmen Roman
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 11, 1991, the above-named owner filed a petition for
administrative review of an order entered on October 4, 1991, by a
District Rent Administrator concerning the housing accommodations
known as 246 East 199th Street, Bronx, New York, Apartment No. 3K,
wherein the Administrator determined an overcharged had occurred.
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 commenced on April 24, 1989 upon the filing of
an overcharge complaint by the tenant.
The Administrator's examination of DHCR's records indicated that
the owner had failed to register the subject apartment for 1987.
Accordingly, the Administrator requested that the owner submit
evidence to prove that the subject apartment was registered for
1987. Additionally, the Administrator notified the owner of the
possible imposition of treble damages and allowed the owner the
opportunity to present evidence showing a lack of willfulness.
In his answer, the owner asserted that no overcharges occurred and
that he had, in fact, registered the subject apartment for 1987.
The owner alleged that the Rent Stabilization Association (RSA) had
registered all rent stabilized tenants in the subject building for
1987. Submitted with the answer was a listing of the rent roll for
the subject building for 1987.
In the order under review, the Rent Administrator froze the rent at
$243.00 which was the amount being charged and collected on March
31, 1987 due to the owner's failure to properly file a registration
for 1987. Further, the Administrator assessed treble damages on
FJ 610074 RO
the calculated overcharge. Total overcharges through April 30,
1991 were determined to be $5,306.40.
In his petition for administrative review, the owner repeated the
allegations made below and resubmitted the document presented
below.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The Commissioner finds that the owner failed to prove that the
subject apartment was registered for 1987. The Administrator
correctly relied upon the DHCR records. Similarly, the
Administrator correctly protected the owner's due process rights by
affording him a full opportunity to refute those records with
documentary evidence. Clearly, the documentation submitted by the
owner was insufficient to refute the accuracy of the DHCR records.
One method for showing service of an apartment registration is the
use of the Post Office "Carrier Route Pre-Sort" Service through a
bonded mailing house as evidenced by the Post Office date-
certification of the number of pieces received from the mailing
house for each building and the mailing house addressee list. The
owner failed to meet this standard.
Accordingly, the Rent Administrator's order was warranted.
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 in the same
manner as a judgment or not in excess of twenty percent per month
thereof may be offset against any rent thereafter due the owner.
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, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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