DOCKET NO.: HE910066RO
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. HE910066RO
: DISTRICT ADMINISTRATOR'S
RICHARD GABLE, DOCKET NO. DGC910178R
PETITIONER :
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ORDER AND OPINION REMANDING PROCEEDING TO RENT ADMINISTRATOR
On May 21, 1993, the above-named petitioner-owner timely filed a Petition for
Administrative Review of an order issued on April 16, 1993, by the District
Rent Administrator, 55 Church Street, White Plains, New York, concerning the
housing accommodations known as 7 Keller Lane, Apartment 1 Dobbs Ferry, New
York.
The issue in this proceeding is whether an overcharge occurred.
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 commenced on March 13, 1992 by the tenant's filing of a
rent overcharge complaint.
In response to the tenant's complaint of rent overcharge the owner states
that the prior tenant was subject to Rent Control; that decontrol forms were
filed and he was entitled to a Fair Market Rent for the first rent stabilized
tenant.
On April 16, 1993 the District Rent Administrator issued order number
DGC910178R finding that an overcharge had occurred. The finding was based on
the agency's Apartment Registration Records which indicated that the prior
tenant was a rent stabilized tenant from April 1984 to March 1991.
On appeal the owner states, in substance that the prior tenant occupied
apartment 1 on or about September 1, 1962 until 1991. The amount of rent for
the first rent stabilized tenant after decontrol can lawfully be set at fair
market value, an agreed upon rent by the landlord and the new tenant at fair
market value is lawful and proper.
After careful consideration, the Commissioner is of the opinion that the
landlord's petition should be remanded to the Rent Administrator for further
review.
DOCKET NO.: HE910066RO
The Commissioner finds that the Rent Administrator's order failed to take
into consideration the owner's filing of Landlord's Report of Vacancy
Decontrol for Housing Accommodations which became vacant on or after June 30,
1971, which was received by the agency on March 18, 1992.
Accordingly, the Commissioner is of the opinion that, since the landlord's
filing of the Decontrol Report was not taken into consideration by the Rent
Administrator and could present a crucial difference in this proceeding
pursuant to the applicable rent regulations, this proceeding should be
remanded for further consideration by the Administrator.
THEREFORE, pursuant to the provisions of the applicable statutes and
administrative regulations, it is
ORDERED, that this proceeding be, and the same hereby is, remanded to the
Administrator for further consideration, consistent with this Order and
Opinion, and it is further
ORDERED, that pending a new determination on the remand, the Administrator's
order of April 16, 1993, remains in full and effect, except insofar as the
automatic stay of the directive to refund past overcharges, noted in the
Order and Notice of Partial Stay of August 5, 1993 also remains in full force
and effect.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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