FL 110156-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

      ------------------------------------X 
      IN THE MATTER OF THE ADMINISTRATIVE :  ADMINISTRATIVE REVIEW
      APPEAL OF                              DOCKET NO. FL-110156-RO

                                          :  DISTRICT RENT OFFICE
                                             DOCKET NO. FB-110336-R
           Ved Parkash,                                     
                                             TENANT: Brandon Fortes           
               
                            PETITIONER    : 
      ------------------------------------X                             

           ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW


      On December 17, 1991, the above-named petitioner-owner filed a Petition 
      for Administrative Review against an order issued on November 13, 1991, 
      by the Rent Administrator, Gertz Plaza, New York, concerning the housing 
      accommodations known as 162-05 89th Street, Jamaica, New York, Apartment 
      No. 6G, 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 
      warranted.

      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 by the filing of a rent 
      overcharge complaint by the tenant in February 1991.  The owner was 
      served with a copy of the tenant's complaint.  The owner stated in 
      substance that he installed new equipment in the tenant's apartment 
      which entitled him to charge the tenant with an increase in rent.

      In Order Number FB-110336-R, the Rent Administrator established the 
      lawful stabilized rent as $350.00 effective April 1, 1985, determined 
      that the tenant had been overcharged and directed a refund to the tenant 
      of $15,999.07 including treble damages on overcharges collected on and 
      after April 1, 1984.

      In this petition, the owner contends in substance that he was entitled 
      to an allowance of 1/40th of the cost of renovation, improvements and 
      new equipment totalling $9,042.12 which the Administrator did not allow 
      and that even if he was not entitled to an increase, treble damages 
      should not have be imposed as he thought he was entitled to charge the 
      tenant for the new equipment.
      In answer to the owner's petition, the tenant stated in substance that
      the owner never installed the new equipment or performed any 







      FL 110156-RO

      renovations.

      The Commissioner is of the opinion that this petition should be denied.

      A hearing was held on August 6, 1992 before Administrative Law Judge 
      Suzanne McGrathan.  The A.L.J. found that most of the work claimed by 
      the owner to have been done in 1988 was not done at that time, or if 
      done at that time was so poorly done as to not warrant any rent 
      adjustment.  In view of the owner's misrepresentation as to the work 
      done in 1988 and in accordance with Advisory Opinion 89-2, the owner is 
      denied any rent adjustment for the alleged renovation.  In addition the 
      Commissioner finds the overcharge to be willful and therefore the 
      Administrator correctly imposed treble damages.

      Accordingly, the Rent Administrator's order was warranted.

      Because this determination concerns lawful rents only through           
      November 30, 1991, the owner is cautioned to adjust subsequent rents to 
      an amount no greater than that determined by the Rent Administrator's 
      order plus any lawful increases, and to register any adjusted rents with 
      this order and opinion being given as the explanation for the 
      adjustment.

      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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