GB 110044 RO
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. GB 110044 RO
: DISTRICT RENT OFFICE
Langdale Avenue Associates, DOCKET NO. DF 110138 R
TENANT: Phyllis Taormina
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 31, 1992, the above-named owner filed a Petition for
Administrative Review ("PAR") against an order issued on January 3, 1992
by the Rent Administrator, concerning the housing accommodations known
as 270-06 81st Avenue, Queens, New York, Apartment No. 220B, wherein the
Administrator determined that the owner had overcharged the tenant.
This proceeding commenced with the filing of a Tenant's Complaint of
Rent Overcharge and/or Excess Security Deposit, leading to the
aforementioned Administrator's order, which found an overcharge, tripled
the amount thereof as a penalty for the owner's willfulness, and ordered
the refund of excessive security deposited and a reduction in the rent.
The aforementioned PAR followed. It states in its entirety: "ABR
Management has been removed from the management of this property.
Request 30 day extension to review merits of complaint. Must subpoena
records from prior management." On March 27, 1992, the owner filed a
new PAR form in this same matter; it reads: "Pursuant to PAR filed on
1/31/92 we are requesting a 90 day extension to subpoena files from
prior management ABR Management Inc." Nothing further was submitted.
The Commissioner is of the opinion that this petition should be denied.
The PAR requests a 30-day extension for the submission of an argument on
the merits. The petitioner did not supplement the PAR within that time.
Later another extension request was made, this for 90 days. The owner
has yet to submit anything further, stating why the Administrator's
order is erroneous. Accordingly the PAR is denied.
Because this determination concerns lawful rents only through November
30, 1988, the owner is cautioned to adjust subsequent rents to an amount
no greater than that determined by the Rent Administrator's order plus
any lawful increases, and to register any adjusted rents with this order
and opinion being given as the explanation for the adjustment.
This order may, upon the expiration of the period in which the owner may
GB 110044 RO
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 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 Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied and that
the order of the Rent Administrator be, and the same hereby is,
affirmed. The lawful rent was $466.70 as of November 30, 1988, and the
total
refund
due to the tenant, as per the order of January 3, 1992, is $13,928.84.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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