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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

          ------------------------------------X 
          IN THE MATTER OF THE ADMINISTRATIVE :  ADMINISTRATIVE REVIEW
          APPEAL OF                              DOCKET NO.ID210064RO
                                              :  DRO DOCKET NO.ZAJ210562R
               DAVID & WINIFRED DICK             TENANT: PATRICIA DANIELS

                                PETITIONERS   : 
          ------------------------------------X                             
             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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