BE 110056 RT
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.: BE 110056 RT
DRO DOCKET NO.: AA 110107 OR
ORDER AND OPINION GRANTING ADMINISTRATIVE APPEAL
On May 29, 1987, the above-named petitioner-tenant filed an
Administrative Appeal against an order issued on April 30, 1987,
by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York concerning the housing accommodations known as
245-21 Union Turnpike, Bellerose, New York, Apartment 3C22.
The issue herein is whether the District Rent Administrator
properly determined the owner's rent restoration application.
The District Rent Administrator's order, appealed herein, granted
the owner's application, restoring rent to the level in effect
prior to the order reducing such rent plus applicable guideline
increases and further found that the owner had corrected those
conditions, which were the subject of the order reducing the
On appeal, the petitioner-tenant alleged, in substance, that the
District Rent Administrator's improperly issued two restoration
orders against the same Docket No. QS 000248 HH - one issued
March 20, 1987 and the other issued April 30, 1987.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be granted.
It is clear from the petition that the tenant is not attacking
the District Rent Administrator's determination that the owner
restored heat and hot water services to the subject apartment.
In fact, the file contains the tenant's answer, dated November 3,
1986, to the owner's restoration application, which clearly
states that heat and hot water services are adequate.
As to the tenant's claim, on appeal, to the effect that the
District Rent Administrator mistakenly issued an extra
restoration order, the Commissioner finds that the file supports
BE 110056 RT
The District Rent Administrator issued an order, dated March 20,
1987, which restored the rent of the subject apartment (3C22),
Docket No. AD 110004 OR, effective May 1, 1986 and also issued an
order dated April 30, 1987 which restored the rent of the subject
apartment, under Docket No. AA 110107 OR, effective October 1,
There was clearly no reason for the second order as the matter
was fully resolved by the first.
The Commissioner finds, therefore, that the District Rent
Administrator's restoration order dated March 20, 1987, should be
affirmed in all respects and that the restoration order dated
April 30, 1987 should be revoked.
The Commissioner notes that the May 1, 1986 effective date of the
first restoration order is the correct one.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted
and that the District Rent Administrator's restoration order
dated April 30, 1987, under Docket No. AA 110107 OR be, and the
same hereby is, revoked and that the District Rent
Administrator's restoration order, dated March 20, 1987, under
Docket No. AD 110004 OR be and the same hereby is affirmed.
JOSEPH A. D'AGOSTA