STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FK-210001-RO
DISTRICT RENT OFFICE
Banner Realty Co., DOCKET NO.: ZDB-210127-R
TENANT: Sammy Solomon
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On November 1, 1991, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
October 18, 1991, by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 611 Banner Avenue, Brooklyn, New York, Apartment No. 3J,
wherein the Rent Administrator determined that the owner had
overcharged the tenant.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2526.1 of the Rent Stabilization Code.
The issue herein is whether the Rent Administrator's order was
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issue raised by the administrative appeal.
This proceeding was originally commenced in October 1988 by the
filing of a rent overcharge complaint by the tenant. In answer
to the complaint, the owner submitted a complete rental history
for the subject apartment.
In Order Number ZDB-210127-R, the Rent Administrator determined
that the tenant had been overcharged in the amount of $1,620.92,
and directed the owner to refund such overcharge to the tenant.
In this petition, the owner contends in substance that there is
no rent overcharge in that the Administrator erroneously found
that the tenant filed a timely objection to the 1984 Initial Rent
Registration. In fact, however, the tenant received the 1984
Initial Rent Registration (RR-1) and did not file his complaint
In answer to the owner's petition, the tenant contends in
substance that the owner should not benefit from a technical
The Commissioner is of the opinion that this petition should be
An examination of the record in this case discloses that the
tenant was served with a 1984 initial apartment registration
(RR-1) and did not file a timely objection thereto. The tenant
filed an overcharge complaint in 1988 and therefore the
Administrator should have only gone back four years to determine
if an overcharge occurred. An examination of the record since
1984 reveals that the tenant's rent remained at $344.28 from 1984
to date because the tenant is a SCRIE tenant. Accordingly, the
tenant was not overcharged.
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, granted, that the order of the Rent
Administrator be, and the same hereby is, revoked, and it is
found that no rent overcharge occurred.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner