New York State
Division of Housing and Community Renewal
Office of Rent Administration
Gertz Plaza, 92-31 Union Hall St.
Jamaica, New York 11433
Public Information: (718)739-6400
POLICY STATEMENT 93-4 (OCTOBER 4, 1993)
PROCEDURE FOR HANDLING RENT OVERCHARGE AWARDS WHEN THE TENANT HAS
VACATED THE APARTMENT WITHOUT LEAVING A FORWARDING ADDRESS
This Statement serves to establish the Division of Housing and
Community Renewal's (DHCR) policy regarding overcharge awards
where the tenant vacated the subject apartment and no forwarding
address is available.
Upon determination of an overcharge, the order is mailed to the
complaining tenant's last known address and to the owner. After
Post Office notification that the tenant vacated the apartment
and that a forwarding address is not available, DHCR will send a
copy of the order together with an explanatory notice to the
occupant of the apartment, and a notice to the owner pursuant to
this Policy Statement, advising that the complaining tenant
cannot be located and directing that, within thirty-five days
from the date of said notice (the time within which
administrative review must be sought), the entire amount
specified in the overcharge order must be deposited into a DHCR
escrow account.
Where, however, prior to the issuance of the order, DHCR has
determined that the tenant has vacated and that no forwarding
address is available, the order shall direct the owner to deposit
the entire amount specified in the order in a DHCR escrow account
within thirty-five days from the issuance date of the order,
pursuant to the "Escrow Notice" attached to the order. A copy of
the order shall also be mailed to the occupant of the subject
apartment.
An owner who files a Petition for Administrative Review (PAR)
shall not be required to make such deposit during the pendancy of
the PAR.
Upon final determination of the PAR, the amount of the overcharge
award, as affirmed or modified by the PAR Order and Opinion, must
be deposited by the owner in the escrow account no later than
sixty days after such determination (the time within which
judicial review must be sought). If the owner commences
proceeding for judicial review of the PAR determination pursuant
to Article 78 of the Civil Practice Law and Rules within such
sixty-day period, and the owner, with the filing of the Article
78 petition, requests an appropriate stay, the owner shall not be
required to make such deposit into the DHCR escrow account until
the application for a stay is decided. If the stay is denied, the
deposit must be made within thirty days of such denial.
The amount of the overcharge award must be deposited by the owner
into the escrow account within sixty days of entry of the
judgment of the Supreme Court determining the Article 78
proceeding and affirming the overcharge award, in whole or in
part. The filing of an appeal from the judgment shall not stay
the owner's obligation to deposit the overcharge award, unless
such obligation is stayed by direction of a court of competent
jurisdiction.
In addition, an owner may submit a claim to DHCR for an offset
against the amount of the overcharge award deposited in the
escrow account for costs associated with property damage caused
by the complaining tenant, or for any rent arrears based upon
such tenant's failure to pay the lawful rent. To assert such
claim for offset, the owner must have instituted an action or
proceeding against the tenant in a court of competent
jurisdiction no later than thirty-five days from the date on
which DHCR issues the "Notice To Owner Pursuant to Policy
Statement 93- " (directing the owner to deposit the full amount
of the overcharge award into a DHCR escrow account) or, if the
owner files a PAR, no later than sixty days from the final
determination of such PAR.
The institution of such action or proceeding against the tenant
does not relieve the owner of the obligation to deposit the full
amount of the overcharge award into the escrow account. Provided
that the owner is proceeding with due diligence, during the
pendancy of the court action or proceeding, neither the owner nor
the tenant shall be entitled to request that DHCR withdraw the
disputed amount from the escrow account and remit it to either of
such parties. DHCR will only comply with a request to withdraw
the disputed amount from the escrow account if the following
conditions are met: a) DHCR is provided with proof that such
action or proceeding has terminated in a manner consistent with
the request to withdraw the disputed amount, and that a judgment,
if any, has been entered, and b) if no appeal has been taken, the
time to file a notice of appeal has expired, with DHCR not having
been notified of the filing of any notice of appeal, or if an
appeal has been taken, the appeal has been finally resolved.
Documentation of the resolution of the action or proceeding will
be served by DHCR upon the opposing party, if the address of such
party is known, and such party shall be given a reasonable
opportunity to respond.
Nothing in this Policy Statement should be construed to extend
the statute of limitations for commencing any court action or
proceeding. It should also be noted that if a court action or
proceeding is finally resolved in the owner's favor, and if DHCR
is so notified with proper verification thereof, the amount of
the judgment may be reflected in the amount of the overcharge
award set forth in the Administrator's or PAR decision before the
obligation to deposit that amount into the escrow account has
arisen.
At periodic intervals, DHCR will issue press releases listing the
names of tenants who are entitled to unclaimed overcharge awards,
including the addresses of the buildings and apartments involved.
The frequency of these press releases will be determined by the
number of cases having this status. In addition to press
releases, DHCR will place advertisements in the form of unclaimed
property announcements in a newspaper of general circulation,
advising affected tenants to contact the Office of Rent
Administration's Public Information Unit. All overcharge awards
remaining unclaimed will be subject to disposition pursuant to
the applicable provisions of state law.
Joseph A. D'Agosta
Deputy Commissioner
for Rent Administration
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DHCR Policy Statements are **promulgated** (i.e., officially
issued) by the New York State Division of Housing and Community
Renewal (DHCR) and represent **official** policy of the agency.
The agency is generally obligated to follow the policy contained
in these and other documents or provide a rational for deviation;
failure to follow the law, policy or practice may form the basis
for an appeal. Electronic versions of the documents on TenantNet
are for informational purposes only and there is no guarantee
they will be accepted by any court (or even DHCR) as true copies
of DHCR policy. The reader is advised to obtain true copies of
these documents from DHCR. Also see DHCR Advisory Opinions,
DHCR Operational Bulletins, the Rent Stabilization Code, the Rent
Stabilization Law and various Rent Control Statutes.
Every attempt has been made to conform to the original Policy
Statements as issued by DHCR; TenantNet makes no
representation the enclosed material is current or will be
applied as written. The reader is advised that DHCR often fails
to properly apply, interpret or enforce housing laws. Since
housing laws are complex and often contradictory, it is
recommended the reader obtain competent legal advice from a
tenant attorney or counseling from a tenant association or
community group. (rev. 3/13/96) DHCR documents
are public documents; the electronic version of such documents
have been developed by TenantNet and any added value, enhancements
and/or proprietary features are copyright 1994, 1995 and 1996 by
TenantNet. These documents may be freely distributed provided they
remain intact as herein presented, including this and the top
informational banner referencing TenantNet as the original provider.
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For more information or assistance. call the DHCR Rent Infoline
at (718) 739-6400, or visit your Borough Rent Office.
Queens Central Office
92-31 Union Hall St. 4th Fl.
Jamaica, NY 11433
(718) 739-6400
Bronx
One Fordham Plaza
Bronx, NY 10458
(718) 563-5678
Brooklyn
250 Schermerhorn St.
3rd Floor
Brooklyn, NY 11201
(718) 780-9246
Lower Manhattan
156 William Street
9th Floor
NY, NY 10038
(212) 240-6011, 6012
South side of 110th St. and below
Upper Manhattan
163 W. 125th St.
5th Floor
NY, NY 10027
(212) 961-8930
North side of 110th St. and above
Staten Island
350 St. Mark's Place
Room 105
Staten island, NY 10301
(718) 816-0277
Nassau County District Rent Office
50 Clinton Street, 6th Floor
Hempstead, NY 11550
(516) 481-9494
Westchester County District Rent Office
55 Church Street, 3rd Floor
White Plains, NY 10601
(914) 948-4434
Rockland County District Rent Office
94-96 North Main St.
Spring Valley, NY 10977
(914) 425-6575
Albany Regional Office
119 Washington Avenue
Albany, NY 12210
(518) 432-0596
Buffalo Regional Office
Ellicot Square Building
295 Main St., Room 438
Buffalo, NY 14203
(716) 856-1382
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