ADM. REVIEW DOCKET NO.: BG110267RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
BG110267RT
:
RENT ADMINISTRATOR'S
DOCKET NO.:
Q000360OR
PENNY LAFOREST
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 23, 1987, the above-named petitioner-tenant filed a
petition for administrative review of an order issued on July 10,
1987, by the Rent Administrator, concerning the housing
accommodation known as 255-19 74th Avenue, Queens, New York,
wherein the Administrator determined the owner's rent restoration
application filed in January 1985, and served on the tenant on
April 4, 1986.
The Administrator had reduced the tenant's rent per Docket No.
77485P by an order dated July 10, 1984, on the grounds of bathroom
and living room ceiling leaks.
The challenged order, dated July 10, 1987, restored the
tenant's rent, effective May 1, 1986, on the grounds that the
tenant had failed to keep scheduled appointments with the
inspector. In fact, the record below also included an answer from
the tenant, dated April 10, 1986, that acknowledged that services
had been restored.
ADM. REVIEW DOCKET NO.: BG110267RT
On appeal, the tenant requests that the Administrator's order
be reversed on the grounds that it was duplicative of a previous
final order dated, March 6, 1987, per Docket No. AK110007OR,
wherein the Administrator restored the rent effective December 1,
1986, for which the owner had not sought administrative review.
The record establishes that the tenant had notice of the rent
restoration proceedings per Docket No. Q000360OR, herein under
appeal, when the owner filed a new application, processed per
Docket No. AK110007OR rather than being merged with the open and
pending proceedings. The fact that the subsequent application was
determined first did not prejudice the owner's right to a
determination of the initial application including rent restoration
on an earlier date. Also the tenant's substantive and due process
rights have not been violated.
The Administrator's order per Docket No. Q000360OR is amended
to reflect that the tenant acknowledged therein that services had
been restored.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed as modified.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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