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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.ID210064RO
: DRO DOCKET NO.ZAJ210562R
DAVID & WINIFRED DICK TENANT: PATRICIA DANIELS
PETITIONERS :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 20, 1994, the above-named petitioner-owners filed a
Petition for Administrative Review against an order issued on April
1, 1994, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
290 Lincoln Road, Brooklyn, New York, Apartment No. 2F, wherein the
Rent Administrator determined that the owners had overcharged the
tenant.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2526.1 of the Rent Stabilization Code.
The issue herein is whether the Rent Administrator's order was
warranted.
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 originally commenced by the tenant's filing
of a rent overcharge complaint in October, 1986, in which the tenant
alleged in substance that she first moved to the subject apartment
on December 1, 1984 at a rental of $350.00 per month and had not
received a copy of the apartment registration form (RR-1 form).
In an answer to the complaint filed in December, 1986, the
owners submitted a copy of a lease of the tenant immediately
proceeding the complaining tenant in occupancy - this was a two year
lease to Peter Augustus commencing May 25, 1984 at a rental of
$322.23 per month. The owners also submitted a copy of the RR-1
form showing the tenant as of April 1, 1984 was Leslie Sangster and
that the April 1, 1984 rent was $279.54 per month.
On October 2, 1992, the owners were sent a notice directing
them to submit proof of service of the RR-1 form on the first rent
stabilized tenant and advising them that DHCR records showed that
the subject apartment had not been properly registered. In response
the owners submitted a copy of the RR-1 form and a registration
summary form for 1984, but no proof of service. On March 1, 1994,
a Final Notice to Owner Requesting Proof of Filing of the 1984
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registration was sent to the owners detailing the specific proofs of
service of the RR-1 form on the DHCR required to be submitted. The
owners were further directed to submit a complete rental history
from April 1, 1980. In response, the owners again sent the RR-1
form and the 1984 registration summary form but with no proof of
service on either the tenant then in occupancy or the DHCR. The
owners also failed to submit a complete rental history from April 1,
1980.
In Order Number ZAJ210562R, the Rent Administrator, based on
the failure to submit proof of proper initial registration of the
subject apartment and failure to submit a complete rental history,
determined that a rent overcharge of $3942.36 had occurred during
the period from December 1, 1984 through October 31, 1986 including
treble damages. The Rent Administrator also found that the
complaining tenant had vacated and could not be located and directed
the owner to pay the full amount of the rent overcharge to the DHCR
Escrow Account pursuant to Policy Statement 93-4.
In this petition and in a request for reconsideration, the
owners allege in substance that the building registration was mailed
to DHCR at Two World Trade Center on August 22, 1984 and that the
request for information sent out in October, 1992 was never received
so that the case should be reopened. In support of their position,
the owners submitted an affidavit from an employee of the Rent
Stabilization Association and a U.S. Post Office form postmarked
July 12, 1984 and a list of tenants showing the 1984 RR-1 form was
mailed to Leslie Sangster at the subject apartment in July, 1984.
The Commissioner is of the opinion that this petition should be
denied.
The registration information submitted by the owners in the
request for reconsideration was not submitted in the proceeding
before the Rent Administrator although requested at that time. It
is clear that the owners did receive the October, 1992 request for
information as they responded to the same as well as to a later
request. Since this is not a de novo proceeding, such information
cannot properly be considered at this time. Moreover, it is noted
that the 1984 RR-1 form was improperly sent to Leslie Sangster in
July 1984 although Mr. Sangster had vacated by that time and a
subsequent tenant Peter Augustus was then in occupancy at the
subject apartment. Accordingly, the Rent Administrator's order was
warranted.
The owners are 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
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owners are 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 owners collected overcharges of $3942.36. 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. 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. However, since the tenant cannot be located,
the owners are directed to follow the directions in the Rent
Administrator's order and make a certified check, bank check or
money order payable to "DHCR Escrow Account" in the amount of
$3942.36 and send such check or money order together with a copy of
this order and the Rent Administrator's order to DHCR - Finance
Office, Hampton Plaza, 38-40 State Street, Albany, New York, 12207-
2804. A copy of this order is being sent to the current occupant of
the subject apartment who is advised that the legal regulated rent
for the subject apartment has been established at $299.56 as of
October 31, 1986.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review 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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