GB 610354 RO
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.: GB 610354 RO
B. A. SYSTEMS INC.,
DRO DOCKET NO.: B 003136 R
TENANT: LUCIOUS AND VALERIE EVANS
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 28, 1992, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
February 13, 1992 by the Rent Administrator at Hempstead, New
York, concerning the housing accommodations known as 1005 Jerome
Avenue, Apartment A32, Bronx, New York wherein the Administrator
determined that the tenant had been overcharged.
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 by the administrative appeal.
This proceeding was originally commenced on August 14, 1985 when
the tenant filed a rent overcharge complaint against the former
The current owner was afforded an opportunity to respond to the
complaint and to submit proof of initial registration.
In response, the owner submitted an incomplete rent history and
asserted that it was not required to submit a rental history for
the period prior to April 1, 1984.
In the order issued on February 13, 1992, the Administrator
determined that the owner had failed to properly register the
subject apartment, that the tenant had been overcharged and that
treble damages were warranted.
In this appeal, the owner asserts that it acquired the subject
property on October 3, 1989 as a result of a judicial sale and
had attempted to obtain a rental history from the previous
managing agent, a 7A Administrator, without success.
Furthermore, the owner asserts that the apartment had been
registered in 1984. Therefore, the owner contends that the order
should be revoked as there was no overcharge; any overcharge
found was not willful but was the result of the Administrator's
erroneous use of default procedures; and that treble damages were
GB 610354 RO
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
An Administrative Appeal is not a de novo proceeding and pursuant
to Code Section 2529.6, its scope of review is limited to facts
or evidence in the proceeding before the Rent Administrator.
While this matter was pending, the issue of the judicial sale was
not raised for consideration. Accordingly, it would be
inappropriate to consider such issue in this appeal. Moreover,
the owner has not submitted proof along with its petition that it
actually purchased the property at a judicial sale.
The Commissioner notes that, despite the opportunity to do so,
the owner failed to submit proof that the initial registration
was served on the tenant then in occupancy. Further the owner
has submitted no evidence to show that the overcharge was not
willful. Accordingly, the imposition of treble damages was
The Commissioner, therefore, finds that the Administrator did not
err in establishing the lawful stabilization rent at $231.15 and
directing a refund of $22,860.21.
Since the record indicates that the complainant has vacated the
premises, a copy of this order is being sent to the current
tenant in occupancy.
Because this determination concerns lawful rents only through
July 31, 1989, the owner is cautioned to adjust subsequent rents
to an amount no greater than that determined by this order plus
any lawful increases and to register any adjusted rents with this
order and opinion being given as the explanation for the
This order may, upon the expiration of the period in which the
owner may institute a proceedi g pursuant to Article Seventy-
Eight of the Civil Practice Law and Rules, be filed and enforced
by the tenant in the same manner as a judgment.
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 Rent Administrator's order be, and the same hereby
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner