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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. FC110323RO
: DRO DOCKET NO.ZCC110037R
PEMBROKE SQUARE ASSOCIATES TENANT: LEFKOWITZ
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 29, 1991, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on March
15, 1991, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
86-29 155th Avenue, Queens, New York, Apartment No. 3A, 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 in February, 1988, by
the filing of a rent overcharge complaint by the tenant in which the
tenant stated in substance that she first moved to the subject
apartment in December, 1985, at a rental of $575.00 per month and
that she was being overcharged in that a DHCR order issued under
docket CDR 32,602, Q3122497RT had held that a prior tenant was being
overcharged.
The prior owner and current owner were notified of the tenant's
complaint and given a chance to respond. In addition, the current
owner was served with a copy of the Rent Administrator's order
issued under docket CDR 32,602. The current owner advised that it
could not submit any information as to the cost of any improvements
because the prior owner had not supplied documentary evidence
supporting same. In addition, it was established that the tenant
herein had purchased the subject apartment as a cooperative
effective September 29, 1988.
In docket number ZCC110037R, the Rent Administrator determined
that based on the lawful stabilization rent as established under
docket CDR 32,602, a rent overcharge of $15,724.88 had occurred
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during the period from December 1, 1985 through September 28, 1988
when the tenant became the owner of the subject apartment.
In this petition, the current owner alleges in substance that
it did not knowingly overcharge the tenant, but that the rent
charged was based on the books, records, and representations made by
the prior owner.
In answer to the owner's petition, the tenant stated in
substance that the overcharge was willful in that the owner did not
abide by the DHCR order finding a rent overcharge for the prior
tenant.
The Commissioner is of the opinion that this petition should be
denied.
The record in the instant case discloses that the DHCR had
issued an order under docket CDR 32,602, Q3122397RT, finding a rent
overcharge for the prior tenant based upon an examination of the
rental history of the subject apartment, and that the owner herein
did not reduce the rent for the tenant herein in accordance with
such order. The owner's contention that it was not supplied with
the correct rental history by the prior owner does not excuse the
overcharge of the tenant herein since it is the owner's duty to
obtain an accurate rental history upon its purchase of the subject
premises and to charge lawful rents. 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.
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
Deputy Commissioner
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