Docket No. GK120176RO
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. GK120176RO
CARLYLE APARTMENTS CORPORATION, ADMINISTRATOR'S DOCKET
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN
On November 23, 1992, the above-named landlord filed a
petition for administrative review of an order issued on November
6, 1992 by a Rent Administrator concerning the housing
accommodation known as Apartment 1F, 108-24 71th Avenue, Forest
Hills, New York.
The Commissioner has reviewed all of the evidence in the
record relevant to the issues raised by the administrative appeal.
The Administrator issued an order on October 31, 1988 under
Docket No. BK110002AD which established the subject apartment's
maximum rents effective from August 1, 1970 through January 1,
On November 30, 1988, the subject tenant filed a petition for
administrative review of the above-mentioned order.
The Commissioner issued an order on July 25, 1990 under Docket
No. CK110175RT which granted the tenant's petition and modified the
maximum rents which were established in the aforementioned order
issued under Docket No. BK110002AD. Furthermore, the above-
mentioned Commissioner's order directed the landlord "to refund to
the tenant any rent collected in excess of the maximum rent
established herein within 30 days of the issuance of this order."
The subject tenant filed an overcharge complaint, dated
September 4, 1990, with the rent agency. In her complaint, the
subject tenant alleged, among other things, that the excess rents
collected by the subject landlord should be refunded to the subject
tenant in the total amount of $12,143.82.
Docket No. GK120176RO
In the order under review herein, issued under Docket No.
FH120707R, the Administrator noted that the issue of the rent
overcharge has been resolved in the aforementioned order issued
under Docket No. CK110175RT. Furthermore, the Administrator stated
that the subject tenant "is entitled to overcharges effective Nov.
2, 1987; two years prior to the filing of Docket No. BK-110002-AD."
In its petition the landlord asserts, among other things, that
as the tenant's overcharge complaint in this proceeding was filed
on September 4, 1990 the landlord should only refund rent
overcharges from September 4, 1988, which was two years prior to
the filing of the tenant's overcharge complaint, and that the
subject landlord has already refunded rent overcharges from
After careful consideration, the Commissioner finds that the
subject landlord's petition should be granted in part.
If the subject landlord refuses to refund to the subject
tenant rents collected in excess of the maximum rents, or if any
amount to be refunded to the subject tenant is in dispute, the
Commissioner finds that the subject tenant's remedy is to commence
an action against the landlord in any court of competent
jurisdiction, pursuant to the provisions contained in Section
2206.8 of the City Rent and Eviction Regulations.
The Commissioner finds that the subject landlord's petition is
granted in part solely to the extent that the Administrator's order
under review herein should be modified by deleting the following
language: "Tenant is entitled to overcharges effective Nov. 2,
1987; two years prior to the filing of Docket No. BK-110002-AD."
The Commissioner further finds that the remainder of the
Administrator's order under review herein should not be disturbed.
THEREFORE, in accordance with the City Rent and Rehabilitation
law and the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is,
granted in part, and that the Administrator's order, issued under
Docket No. FH120707R, be, and the same hereby is, modified in
accordance with this Order and Opinion.
Lula M. Anderson