ADM. APPEAL DOCKET NO.: FK910339RO
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.: FK910339RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: EJ910225R
FLORENCE A. NYEMITEI
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner timely filed a Petition for
Administrative Review of an order issued on September 6, 1991, by
the District Rent Administrator, 55 Church Street, White Plains,
New York, concerning the housing accommodations known as 20
Chestnut Hill Avenue, Apt. 6A, White Plains, New York.
The issue in this proceeding is whether an overcharge
occurred.
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 commenced on October 17, 1990 by the
tenant's filing of a rent overcharge complaint.
On September 6, 1991 the District Rent Administrator issued
order number EJ910225R finding that an overcharge had occurred.
On appeal, the owner states, in substance, that the subject
apartment was decontrolled and the rental amount of $700.00 per
month was in keeping with increased taxes and operational cost.
After a careful consideration of the entire evidence of
record, the Commissioner is of the opinion that the appeal should
be denied.
ADM. APPEAL DOCKET NO.: FK910339RO
The owner alleges, the subject apartment was decontrolled and
with improvements to the building and an increase in taxes and
operating cost, the rental amount is $700.00. On several occasions
the Division has requested from the owner to submit proof of her
allegations. The owner has failed to submit the evidence to the
Division.
It is undisputed that the subject apartment was not registered
in 1987.
Under Section 2506.1 of the Tenant Protection Regulations it
states:
The legal regulated rent for the purposes
of determining an overcharge shall be
deemed to be the rent shown in the annual
registration statement filed four years
prior to the most recent registration
statement, (or if more recently filed,
the initial registration statement) plus
in each case any subsequent lawful
increases and adjustments.
Since the owner failed to submit proof of her allegations to
the Division, the Commissioner is of the opinion that this petition
should be denied.
It is noted that a Major Capital Improvement was granted on
March 24, 1988, effective April 1, 1988 by the DHCR.
The Commissioner notes that the owner raises in her petition
a dispute between her and the tenant regarding false statements and
other allegations. The Commissioner finds these matters to be
irrelevant in this proceeding.
THEREFORE, in accordance with the Tenant Protection
Regulations and the Emergency Tenant Protection Act, it is
ORDERED, that the landlord's appeal be, and the same hereby
is, denied; and that the landlord refund all monies to the tenant.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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