FF610114RO
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.FF610114RO
A B L S Corp. : DRO DOCKET NO.ZCH610277R
TENANT:Maria Caldera
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 4, 1991, the above-named petitioner-owner filed a Petition
for Administrative Review against an order issued on April 30, 1991
by the Rent Administrator, 92-31 Union Hall Street, Jamaica, New
York concerning the housing accommodation known as 175 Field Place,
apartment 1E, New York, New York wherein the Administrator
determined that the owner had overcharged the tenant.
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 on August 25, 1988 when
the tenant filed a complaint of rent overcharge. The tenant stated
that the owner had changed the beginning and ending dates of the
lease without consent and was seeking to collect an additional rent
charge.
In response to the complaint, the owner stated that it had removed
the additional rent charge. Subsequently, the owner submitted
copies of various leases and apartment registration forms from 1986
through 1990 but stated that it was unable to submit a lease for
the period June 1984- February 1986 because the former agent had
not provided it.
In the order here under appeal, the Administrator established the
lawful rent as of April 1, 1984 at $260.00, found an overcharge
beginning with the tenant's initial lease and directed the owner to
refund to the tenant $18,280.51 inclusive of treble damages and
interest.
In its appeal, the owner contends that the building had been in the
hards of a receiver and it should not be penalized for the
receiver's failure to keep proper records.
FF610114RO
The tenant contends that under the law the owner is responsible for
record keeping.
The Commissioner is of the opinion that this petition should be
denied.
The issue raised in the petition is disregarded as beyond the scope
of review, having not been raised in the proceeding below. The
only possible evidence of receivership in the record is a single
lease executed in 1983 by Peter Collins Rec as Landlord and Vivian
Manero as tenant. That lease rent is the initial registered rent.
The
complainant did not take occupancy until 1986. Moreover, the
Commissioner notes that the subject building has been registered
since April 1, 1984 and that the current owner was the registered
owner every year but 1985.
Accordingly, the Commissioner finds that the Administrator did not
err in granting the tenant's overcharge application.
The owner is directed to reflect the findings and determinations
made in this order on all future registration statements, including
those for the current year if not already filed, citing this Order
as the basis for the change. Registration statements already on
file, however, should not be amended to reflect the findings and
determinations made in this order. The owner is further directed
to adjust subsequent rents to an amount no greater than that
determined by this order plus any lawful increases.
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, this order may 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 be, and the same hereby is, denied and
that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
JOSEPH A. D'AGOSTA
Deputy Commissioner
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