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.:
DENNIS L. STEIN, RENT ADMINISTRATOR'S
PETITIONER AA 100058-OR
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On January 26, 1987, the above named petitioner tenant filed a
Petition for Administrative Review (PAR) against an order issued on
December 31, 1986 by the Rent Administrator at Gertz Plaza,
Jamaica, New York, concerning the housing accommodation known as
94-01 64th Road, Apartment 3-C, Rego Park, New York wherein the
Administrator determined the owner's application to restore rent
previously reduced under Docket No.: QS-001613-S.
The corresponding rent reduction order (QS-001613-S) reduced the
tenant's rent based on findings that the owner had failed to repair
bathroom walls and ceilings and bedroom and foyer walls, and had
failed to paint the apartment.
The challenged rent restoration order issued in December of 1986,
restored the rent effective February 1, 1986. The examiner's
Progress Sheet notes indicate that the tenant had failed to respond
to the Administrator's March 24, 1986 notice of the commencement of
proceedings to restore the rent.
On appeal, the tenant requests that the rent restoration order be
reversed. In support, the tenant submits material mailed by the
tenant to the Administrator by certified mail (P 326 412 027),
postmarked September 22, 1986, asserting that the owner had failed
to make repairs and to paint the apartment. The material pertained
to the above proceedings and to other matters.
An examination of Division records reveals that the Administrator
inadvertently established a separate owner's rent restoration case
Docket No. AI 110003-OR with the tenant's September 22, 1986 answer
and processed the case to closure. Therein, the Administrator
issued an order on May 8, 1987 denying rent restoration, based on
the results of an inspection conducted on March 17, 1987, that
disclosed that the conditions cited in the rent reduction order (QS
001613-S) had not been corrected.
The search of Division records also revealed several related
duplicative rent reduction complaints filed by the tenant and
corresponding rent restoration applications filed by owners,
concerning identical conditions that culminated in an order on
remand under Docket No. CD 120109-RP. In the remand pursuant to
the Commissioner's order (ARL 8702-Q), the Administrator affirmed
both the rent reduction order under Docket No. QS 001613-S and the
corresponding rent restoration order under Docket No. CB 110174-OR.
The order revoked a rent reduction order under Docket No. QC
001712-S as duplicative, and declared the corresponding rent
restoration order under Docket No. CB 100167-OR null and void.
The applicable law is Section 2520.6(r) and 2523.4 of the Rent
After careful consideration the Commissioner is of the opinion that
the Administrator's order under Docket No. AA 100058-OR, restoring
the rent effective February 1, 1986 based on the tenant's apparent
default should be revoked and superceded by the Administrator's
order under Docket No. AI 110003-OR, dated May 8, 1987, denying the
rent restoration application, on the grounds that a March 17, 1987
inspection disclosed that the conditions had not been corrected.
The proceedings under Docket No. AI 110003-OR, constituted, in
effect, a substantive determination of the owner's application
based on the facts and on the merits notwithstanding the docketing
As noted above, the rent was eventually restored on November 3,
1988 under Docket No CB 110174-OR, effective May 1, 1988.
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 granted and
that the District Rent Administrator's order be, and the same
hereby is, revoked in accordance with the above.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner