HA510057RO
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. HA510057RO
Memed Dzeloski : DISTRICT RENT ADMINISTRATOR'S
DOCKET NO. ED510232R
TENANT: Luis Deno
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 21, 1993, the above-referenced owner filed a Petition for
Administrative Review against an order of a Rent Administrator issued on
January 8, 1993, concerning the housing accommodations known as
apartment 5E at 736 Riverside Drive in New York City, wherein the Rent
Administrator determined that the owner had overcharged the tenant.
Specific determinations in that order include: that the owner had
failed to prove proper initial registration of the subject
accommodations; that the tenant had commenced occupancy on January 1,
1990 at a monthly rental of $474.52; that the lawful rent at that time
was $344.44; that the latter rental could not and cannot be raised
until after the owner has properly registered the apartment; that the
rent was raised to $507.97 on April 1, 1991; and that because the
overcharge was willful, it must be trebled as damages payable to the
tenant.
The petition against that order merely refers the Commissioner to
"stipulations" (actually a photocopy of a single two-page stipulation)
attached thereto. Dated April 5, 1991, that document states that the
tenant and "736 Riverside Drive Corp.," as parties in a Civil Court
action, agree inter alia (a) "that the total rent due for the period
September 1990--March 1991 is $474.52 [times] 7," which the tenant
hereby pays "in open court" and (b) that the "[r]ent may be adjusted if
DHCR sets the rent at some amount other than $474.52."
Also attached to the petition is a letter from the owner's counsel
denying the tenant's claim (made before the Administrator) that he had
been paying $763 per month in rent.
The Commissioner is of the opinion that this petition should be denied.
Neither the stipulation nor counsel's letter attack anything in the
Administrator's order, which will therefore be affirmed.
The failure to properly and timely comply with rent-registration
requirements bars an owner from collecting any rent in excess of the
legal regulated rent on April 1 of the year for which registration was
required to be filed. The late filing of a registration results in the
prospective elimination of the penalty. If the owner has not filed with
the DHCR and served the tenant all required registration statements, the
HA510057RO
collectible rent is set at $344.44 until such time as they are filed and
served.
The owner is directed to reflect the findings and determinations made in
this order on all future registration statements, including those for
the current year if not already filed, citing this order as the basis
for the change. Registration statements already on file, however,
should not be amended to reflect the findings and determinations made in
this order. The owner is further directed to adjust subsequent rents to
an amount no greater than that determined by this order plus any lawful
increases.
The Commissioner has determined in this Order and Opinion that the owner
collected overcharges of $16,155.99. This order may, upon expiration of
the period for seeking review of this Order and Opinion pursuant to
Article Seventy-eight of the Civil Practice Law and Rules, be filed and
enforced as a judgment, or not in excess of twenty percent per month of
the overcharge may be offset against any rent thereafter due the owner.
Where the tenant credits the overcharge, the tenant may add to the
overcharge, or where the tenant files this order as a judgment, the
County Clerk may add to the overcharge, interest at the rate payable on
a judgment pursuant to section 5004 of the Civil Practice Law and Rules,
from the issuance date of the Rent Administrator's order to the issuance
date of the Commissioner's order.
THEREFORE, in accordance with the provisions of the Rent Stabilization
Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied, and that
the order of the Rent Administrator be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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