GE610324.RT
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.GE610324RT
Joel and Lori Wolf : DRO DOCKET NO.B3101023R
ARL05192B
CC610055RP
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 7, 1992, the above-named petitioner-tenants filed a
Petition for Administrative Review against an order issued on April
3, 1992, by the Rent Administrator concerning the housing
accommodations known as 735 Kappock Street, Riverdale, New York,
Apartment No.2B, wherein the Rent Administrator determined that the
rental being charged is not in excess of the lawful stabilization
rent permitted under applicable provisions of the Law, Code, and
guidelines orders.
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 of a
rent overcharge complaint by the tenants in March, 1984 with the
New York City Conciliation and Appeals Board, one of the
predecessor agencies to the DHCR. The tenants took occupancy
pursuant to a lease commencing on October 1, 1981 and expiring on
September 30, 1982 at a monthly rental of $404.00.
In Order Number CDR06,898, issued August 28, 1985, the Rent
Administrator established the lawful stabilized rent as $285.00
effective October 1, 1981, determined that the tenants had been
overcharged and directed a refund to the tenants of $12,586.00,
including treble damages on overcharges collected on and after
April 1, 1984.
In its September 30, 1985 petition for administrative review,
the owner contended, among other things, that it was denied due
process of law.
GE610324.RT
By order dated February 26, 1988, the Commissioner remanded
the proceeding, finding that the record was not adequate to form
the basis for a proper determination of the issues. On remand, by
order dated April 3, 1992, the Administrator reconsidered the
record along with the additional evidence submitted by the owner
and found that the order should be revoked and that the rental
being charged was not in excess of the lawful stabilization rent.
On May 7, 1992 the tenants filed the instant Petition for
Administrative Review, seeking reversal of the Administrator's
April 3, 1992 order. In this petition, the tenants allege, among
other things, that the leases submitted on remand should have been
submitted by the owner during the proceeding before the
Administrator and that they should not be accepted as evidence in
this proceeding.
The Commissioner is of the opinion that the tenants' Petition
for Administrative Review should be denied. The record of the
proceeding before the Administrator does not clearly establish that
the owner was afforded due process. The record does not indicate
where notices were sent, or whether the owner was served at its
correct address. The docket number and apartment number were
misstated in the Administrator's order; consequently, retrieval of
either the file or of information concerning that proceeding was
rendered impossible. The Commissioner therefore finds that it was
correct for the owner to be afforded the opportunity to submit
additional evidence on remand.
The owner on remand has provided leases commencing with the
base date lease to the present. The Commissioner finds that
recalculation of the legal stabilized rent utilizing the
documentation submitted by the owner discloses that the rental
being charged does not represent an overcharge, and that the order
of the Administrator dated April 3, 1992, was warranted.
If there are arrears due to the owner as a result of the
instant determination, the tenants shall be permitted to pay off
the arrears in 36 equal monthly installments. Should the tenants
vacate after the issuance of this order or have already vacated,
said arrears shall be payable immediately.
GE610324.RT
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for Administrative Review be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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