STATE OF NEW YORK
                            OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                              JAMAICA, NEW YORK  11433

     APPEAL OF                               DOCKET NO. HE910066RO
                                          :  DISTRICT ADMINISTRATOR'S
           RICHARD GABLE,                    DOCKET NO. DGC910178R
                            PETITIONER    :


     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 

     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 

     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 

          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.


                                                JOSEPH A. D'AGOSTA
                                                Deputy Commissioner

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