GG 410121 RT
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. GG 410121 RT
: DISTRICT RENT OFFICE
Frank Arcuri, DOCKET NO. FF 410374 R
OWNER: 71 Street Studios, Inc.
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 9, 1992, the above-named tenant filed a Petition for
Administrative Review against an order issued on June 26, 1992, by a
Rent Administrator, concerning the housing accommodations known as
31 West 71st Street, New York, New York, Apartment No. 803, wherein the
Administrator determined that no refund (for rental overcharges) was due
from the owner to the tenant.
This proceeding originated with the tenant's 1991 overcharge complaint,
the basis of which was that the owner's agent had commingled the
tenant's security deposit with her own funds, thus collecting an
overcharge subject to treble damages.
In answer to the tenant's complaint, the owner stated that it had
refunded the tenant's entire security deposit plus interest. In
response the tenant stated that he had received the interest on the
security deposit but didn't want the security back because he wanted to
receive interest every year.
The ensuing aforementioned Administrator's order, here appealed, stated
that there had been no overcharge because the tenant had at all times
paid the same rent as the "initial legal registered rent" for the
In this petition, the tenant states in pertinent part that treble
damages are warranted because of the aforementioned commingling. It
further states: "(2) My apartment wasn't registered in 1984, 1985 and
1987. I never receive[d] a copy [of the registration statement]
annually. (3) No leases -- so owner can't increase rent. (4) No stove
as indicated on original registration."
The Commissioner, having carefully considered the record herein, is of
the opinion that this petition should be denied.
The record in this case discloses that the owner returned the tenant's
security deposits and interest to the tenant at the time the owner
GG 410121 RT
answered the tenant's original complaint. Further, although the owner
did not properly register the subject apartment, the record shows that
the owner never charged more rent than the rent charged the tenant in
1983 when the tenant first moved to the subject apartment. Accordingly,
there was no rent overcharge.
With regard to any stove problem, the tenant must file a separate
complaint of a service decrease if the facts so warrant.
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 is, affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner