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. GH210264RO
: DRO DOCKET NO. EA210015R
Robinson 1601 Realty Corp.,
TENANT: Arly Frage
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On August 3, 1992, the above-named petitioner-owner filed a Petition for
Administrative Review against an order issued on July 22, 1992, by a
Rent Administrator concerning the housing accommodations known as 1601
Beverly Road, Brooklyn, New York, Apartment No. 4T 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 by the filing on January 2,
1990 of a rent overcharge complaint by the tenant.
The tenant stated that he assumed occupancy pursuant to a 2 year lease
effective April 1, 1987 at a rent of $513.44. The tenant alleged that
the prior tenant had paid only $410.00, and that he felt his own rent
was an overcharge.
The owner was served with the complaint and submitted a rental history
from September 1, 1991.
In Order Number EA210015R, the Rent Administrator determined that the
subject apartment was vacant on April 1, 1984 and that, due to the
owner's failure to submit proof that the first stabilized tenant after
April 1, 1984 had been served with the RR-1 (initial registration), the
tenant had been overcharged in the amount of $31,358.99, including
interest and treble damages, and directed the owner to refund such
overcharge to the tenant as well as to reduce the rent.
In this petition, the owner contends that it had properly filed an
initial apartment registration form in 1986, and that the DHCR has a
copy of this in its records.
The tenant's answer disputes the owner's claim that it had complied with
The Commissioner is of the opinion that this petition should be granted.
The lease history submitted by the owner establishes that all rent
increases on leases since the initial registration have been in
accordance with the rent guidelines. In fact, the Administrator
acknowledges this in a rent calculation chart which specifies the
guidelines provisions that account for the increases. The only reason
stated in the order for the finding of a rent overcharge is that the
owner had failed to file an initial registration with the DHCR or to
serve one on the initial registered tenant. A review of DHCR records
establishes, however, that the owner has filed a registration statement
with the Division for every year since 1984. Furthermore, although the
owner has not submitted proof of service of the RR-1 on the initial
registered tenant, the complainant is not the initial registered tenant
and has made no allegations concerning the service of the initial
registration on the initial registered tenant. The complaint was
therefore limited to a review of the rent history for the four years
prior to the most recent registration statement, which for a complaint
filed on January 2, 1990 is April 1, 1985. As so limited in scope, the
order should have found that there were no overcharges.
If the owner has already complied with the Rent Administrator's order
and there are arrears due to the owner as a result of the instant
determination, the tenant is permitted to pay off the arrears in 24
equal monthly installments. Should the tenant vacate after the issuance
of this order or have already vacated, said arrears shall be payable
THEREFORE, pursuant to the Rent Stabilization Law and Code, it is
ORDERED, that this Petition be, and the same hereby is, granted that the
Rent Administrator's order be, and the same hereby is, revoked, and it
is determined that no rent overcharge occurred.
JOSEPH A. D'AGOSTA