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.:
MANCHESTER REALTY CO.,
PETITIONER QC 000070-OR
ORDER AND OPINION REMANDING PETITION FOR ADMINISTRATIVE REVIEW
On June 25, 1987, the above-named petitioner-owner filed an Admin-
istrative Appeal against an order issued on June 5, 1987, by the
District Rent Administrator, 92-31 Union Hall Street, Jamaica,
New York, concerning the housing accommodations known as 77-11 35th
Avenue, Jackson Heights, New York, Apartment 1-K.
The issue herein is whether the District Rent Administrator
properly denied the owner's application for a restoration of rent.
The District Rent Administrator's order, appealed herein,
determined that the District Rent Administrator's order which
reduced the rent of the subject apartment on September 26, 1985,
should be affirmed and the owner's application for rent restora-
tion denied. The appealed order was based on an inspection, which
revealed that the services had not been restored in a workmanlike
On appeal, the petitioner-owner asserted that the District Rent
Administrator's order which denied it a restoration of the rent
should be reversed. According to the petitioner, the proceedings
were previously remanded to the District Rent Administrator by
Commissioner's order No. ARL 06035-Q, on the condition that a new
inspection be held on notice to both landlord and tenant with
opportunity to comment, but that the inspection was held without
meeting the conditions enunciated by the Commissioner.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be remanded to the District Rent Office for further
processing, including a new inspection of the subject apartment.
A review of the file, supports petitioner's claims on appeal.
On October 3, 1986, the Commissioner issued an order, under Docket
No. ARL 06035-Q which remanded the proceeding to the District Rent
Office on the specific condition that:
"On remand, an inspection should be made on
notice to both landlord and tenant, and both
parties should be afforded an opportunity to
comment on the report of the inspection."
Notwithstanding the Commissioner's order, the record shows that the
inspection held by the District Rent Administrator on May 21, 1987
did not give notice to both parties; nor did they have an
opportunity to comment on the report of inspection.
Accordingly, the Commissioner finds that this proceeding should be
remanded to the District Rent Administrator for the purpose of
conducting an inspection in conformity with Commissioner's order
under Docket No ARL 06035-Q; to wit, on notice to the owner and the
tenant and affording both parties an opportunity to comment on the
report of inspection.
THEREFORE, in accordance with the Rent and Eviction Regulations for
New York City, it is,
ORDERED, that this petition be, and the same hereby is, granted to
the extent of remanding this proceeding to the District Rent Admin-
istrator for further processing in accordance with this Order and
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner