ADM. REVIEW DOCKET NO. BG 220363 RO
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 APPEAL
APPEAL OF DOCKET NO.
BG 220363 RO
:
DRO DOCKET NO.
AE 220060 - OR
929 EQUITIES, INC.
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 7, 1987, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on June 11, 1987 by
the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
929 71st Street, Brooklyn, New York 11228, Apartment D-1.
The issue herein is whether the District Rent Administrator
properly restored the rent of the subject apartment, effective
July 1, 1987.
The District Rent Administrator's order, appealed herein,
restored the rent of the subject apartment by $14.00 per month,
effective July 1,1987. The order was based upon a statement
filed by the tenant's representative, on April 16, 1987, which
revealed that all complaints were resolved between the parties.
On appeal, the petitioner-owner alleged that the effective
date of the rent restoration order should be made retroactive to
the date it was received by the DHCR, rather than to July 1,
1987; the actual effective date.
After a careful consideration of the entire evidence of
record the Commissioner is of the opinion that the administrative
appeal should be denied.
The record shows that the owner filed an application to
restore the rent of the subject apartment, which had previously
been reduced by the District Rent Administrator on November 10,
1982 and October 17, 1983.
The owner's application for a restoration of rent was
granted in whole by the District Rent Administrator on June 11,
1987, effective July 1, 1987.
ADM. REVIEW DOCKET NO. BG 220363 RO
The file is devoid of any evidence which would establish
that the effective date of the District Rent Administrator's
order was in error and there is no showing of any undue delay in
processing the owner's application.
9 NYCRR 2202.2 provides, in pertinent part, that no order
increasing or decreasing a maximum rent shall be effective prior
to the date on which the order is issued.
The Commissioner finds that the effective date of the
District Rent Administrator's order of restoration was
established in accordance with standard agency procedures to the
first day of the month following the issue date of the District
Rent Administrator's order.
Accordingly, the Commissioner further finds that the
District Rent Administrator properly restored the rent of the
subject apartment, effective July 1, 1987.
THEREFORE, in accordance with the provisions of the Rent
and Eviction Regulations for New York City, it is
ORDERED, that this petition be, and the same hereby is,
denied and the order of the District Rent Administrator be, and
the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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