STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: ARL-12954-Q
CLEARWATER REALTY COMPANY,
DRO DOCKET NO.: QS 000031-OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 28, 1986, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on August 22, 1986
by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
37-55 77th Street, Jackson Heights, New York, Apartment 6-D.
The issue herein is whether the District Rent Administrator
properly restored the rent of the subject apartment effective May
The District Rent Administrator's order, appealed herein granted
the owner's restoration application in whole and restored the
rent of the subject apartment in the amount of $28.00 per month,
effective May 1, 1986.
On appeal, the petitioner-owner alleged, in substance, that the
effective date of the restoration order should be May 1, 1985
instead of May 1, 1986, as there was no decrease in service and
that the owner was never afforded an opportunity to respond
After a careful consideration of the evidence of record, before
the Commissioner, the Commissioner is of the opinion that the
administrative appeal should be denied.
The record shows that the rent of the subject apartment was
reduced by the District Rent Administrator by $28.00 per month,
on March 12, 1985, based on a reduction of services.
The owner's application for a restoration of rent was granted in
whole by the District Rent Administrator on August 22, 1986,
effective May 1, 1986.
In an application to restore rent, an owner cannot challenge the
reason for the original reduction in rent. The owner was
required to file a Petition for Administrative Review, which it
did not do. Therefore, the owner cannot challenge the effective
date based upon the argument that services had always been
Accordingly, the Commissioner finds that the District Rent
Administrator properly issued the restoration order dated August
THEREFORE, in accordance with 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 District Rent Administrator be, and the
same hereby is, affirmed.
JOSEPH A. D'AGOSTA