DOCKET NOS.: FI910045RO
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 :
APPEAL OF ADMINISTRATIVE REVIEW
: DOCKET NOS. FI910045RO
VIKROK ASSOCIATES PETITIONER/OWNER FI910500RT
PATRICK MOLONEY PETITIONER/TENANT : DRO DOCKET NO. YEB9101331R
ORDER AND OPINION DENYING BOTH OWNER'S AND TENANT'S
PETITIONS FOR ADMINISTRATIVE REVIEW
On September 6, 1991 (postmark), the above named petitioner-owner filed a
Petition for Administrative Review (Docket # FI910045RO) against an order
(Docket # YEB9101331R) issued on August 5, 1991 by the District Rent
Administrator, 55 Church Street, White Plains, NY, concerning the housing
accommodations known as Apt. 7C, 829 Bronx River Road, Bronxville, NY
The issue in this appeal is whether the District Rent Administrator's order
which found a rent overcharge of $1099.39 was warranted.
The applicable section of the law is Sec. 2506.1 of the Tenant Protection
Regulations and Bulletin 37. 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 in the administrative appeal.
Vikrok Associates in their petition alleges a prior legal regulated rent of
$526.93 for which they have failed to produce a lease.
Accordingly the Rent Administrator was correct in relying on the last
registered rent for the subject apartment which was $501.84 filed with this
agency in 1987.
Vikrok Associates contends that they were entitled to a vacancy allowance
of the highest comparable rent in building as of June 1989 which they
contend was $566.36.
Tenant Protection Bulletin No 37 covers the subject building which was
subject to a coop conversion.
According to the bulletin, the legal regulated registered rent is increased
by an amount not in excess of the guideline rates of increase.
Accordingly the District Rent Administrator's order was correct in not
considering comparable rents within the building.
DOCKET NOS.: FI910045RO
The subject tenant filed an untimely Petition for Administrative Review
(Docket #FI910500RT) on September 10th (thirty-six days after order). Both
the landlord's and tenant's petitions have been consolidated in this order,
since they concern the same Administrator's order.
The tenant's requested finding of treble damages and the incorporation of
the owner at the time he first rented apartment (Midland Associates) into
the order is denied. The agency lacks jurisdiction to take such steps
without a timely tenant petition.
It should be noted that agency apartment registration record indicate that
subsequent to the filing of the two petitions, the building has been sold
to Volkman Realty. An information copy of this order will be mailed to the
Further, the tenant has informed this agency he has moved. An information
copy of this order will also be mailed to the new tenant.
Accordingly, if the tenant is still due funds based on the underlying
overcharge order, his appropriate remedy would be court action.
THEREFORE, in accordance with the Tenant Protection Regulations and the
Emergency Tenant Protection Act of 1974, it is
ORDERED, that both the owner's and tenant's petitions are denied, and the
underlying Rent Administrator's order is affirmed in full.
JOSEPH A. D'AGOSTA