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
APPEALS OF DOCKET NO.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 9, 1986, the above-named petitioner-tenant filed an
Administrative Appeal against an order issued on June 5, 1986, by
the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
53-11 90th Street, Elmhurst, New York, Apartment 2-M.
The issue herein is whether the District Rent Administrator
properly issued the order of June 5, 1986, which restored the
rent of the subject apartment.
The District Rent Administrator's order, appealed herein,
restored the rent of the subject apartment, based upon the
owner's restoration of dishwasher services, which were the
subject of a rent reduction order issued on June 22, 1984.
On appeal, the petitioner-tenant alleged, in essence, that the
service restoration occurred after the issuance of the order of
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
A review of the record on appeal shows that the tenant submitted
a statement signed by the building's superintendent, on June 10,
1986, attesting that the defective dishwasher was replaced on
December 30, 1985.
Additionally, the Owner's Application to Restore Rent, filed on
July 10, 1986, contains a statement that the dishwasher was
hooked up in working condition, as of December 30, 1985 and the
tenant's statement of consent to the service improvement affirms
the date of the installation.
As there is no apparent dispute between the parties as to the
date of the restoration of service, the Commissioner finds that
there is no basis to the tenant's implicit argument to the effect
that the service restoration took place after the issuance of the
order of restoration - given the fact that the service restora-
tion occurred on December 30, 1985 and the restoration order was
issued on June 5, 1986.
Accordingly, the Commissioner further finds that the District
Rent Administrator properly issued the order of restoration dated
June 5, 1986.
THEREFORE, in accordance with the provisions of the Rent Stabili
zation Law and Code, it is
ORDERED, that this petition be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA