BA130437RO
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
APPEALS OF DOCKET NOS.: BA130437RO
BJ130248RO
Provident Operating Corp., RENT ADMINISTRATOR'S
DOCKET NOS.: AB120003OR
AB130056OR
PETITIONER
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ORDER AND OPINION GRANTING OWNER'S PETITIONS FOR ADMINISTRATIVE
REVIEW
On August 30, 1986, the Administrator per Docket Number
QCS000587B, decreased the rents of the tenants at the housing
accommodations known as 98-11 65th Avenue, Queens, New York, by
$4.00 per month effective January 1, 1987 for rent controlled
tenants, and for rent stabilized tenants by the amount of the last
guideline increase which commenced prior to October 1, 1985, the
effective date of the rent reduction.
The owner filed an initial rent restoration application on
February 5, 1986. An amended rent restoration application filed on
February 12, 1986, stated that the forms submitted on February 5,
were incorrect, and requested that the new forms be processed.
Rather than being merged, separate docket numbers inadvertently
resulted, which are the subject matter of the instant appeals.
On January 15, 1987, the above-named petitioner-owner filed a
petition for administrative review (PAR) assigned Docket Number
BA130437RO, of an order issued on December 29, 1986 per Docket
Number AB120003OR, restoring rents by $4.00 per month effective
January 1, 1987, properly for rent controlled tenants, but
incorrectly for rent stabilized tenants. The Administrator
restored the rents based on the results of an inspection conducted
on November 7, 1986 that revealed that the defects that gave rise
to the rent reduction had been corrected.
BA130437RO
The owner's appeal per Docket Number BA130437RO requests that
the order per Docket Number AB120003OR be amended to grant rent
stabilized tenants the full amount of the rent restoration, and to
correct the effective date. Pursuant with DHCR's then procedures,
the owner served the PAR. The owner averred that the PAR was
served on January 13, 1987, stating that he served the PAR on one
of the tenants on behalf of all affected tenants.
The owner is correct that rent restoration for the stabilized
tenants should have been granted for the full amount of the rent
reduction, plus lawful guidelines and other increases. The
effective date is established as of April 1, 1986, the first day of
the month following service of the owner's application on the
tenants.
The owner's petition for administrative review per Docket
Number BJ130248RO, appealed the order issued on September 27,
1987, per Docket Number AB120056OR, which the Administrator
inadvertently processed separately rather than as the amended
application for Docket No. AB120003OR. In pertinent part, the
order restored the rents for rent controlled tenants effective
October 1, 1987, and for rent stabilized tenants effective May 1,
1986, based on the results of an inspection April 2, 1987. The
owner's PAR avers that copies of the PAR were served on the tenants
on October 26, 1987.
The owner's appeal per Docket Number BJ130248RO points out
that since the rent restoration order issued on December 29, 1986
per Docket Number AB120003OR had restored the rent controlled rents
effective January 1, 1987, the rent restoration effective date for
rent controlled tenants in the subsequent order per Docket Number
AB130056OR should have conformed with the prior rent restoration
order. Modification of the effective date from October 1, 1987 to
January 1, 1987 grants no additional relief to the tenants. The
owner's request to conform the rent restoration date is, therefore,
granted.
The Commissioner is also of the opinion that the effective
date of the rent restoration for rent stabilized tenants in Docket
Number AB130056OR should be amended to April 1, 1986, in accordance
with the findings hereinabove.
THEREFORE, in accordance with the provisions of Rent and
Eviction Regulations, the City Rent Control Law, and the Rent
Stabilization Law and Code, it is,
BA130437RO
ORDERED, that the owner's petitions be and the same hereby are
granted. The Administrators order per Docket Number AB120003OR is
amended to reflect restoration of rent stabilized rents for the
full amount of the rent reduction effective April 1, 1986. The
Administrator's order per Docket Number AB120056OR is amended to
reflect restoration of rent controlled rents effective January 1,
1987, and restoration of rent stabilized rents effective April 1,
1986, in accordance with the above. Rent arrears due the owner
from the tenants as a result of this order may be paid over the
course of the next two (2) months.
ISSUED:
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Joseph A. D'Agosta
Deputy Commissioner
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