ADM. APPEAL DOCKET NO. BJ - 420278 RT
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.:
BJ - 420278 RT
:
DRO ORDER NO.:
AL 510090 OR
(85 - UC - 000054 - HH)
GERALDINE TUTTINO
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On October 13, 1987, the above-named petitioner-tenant filed
an Administrative Appeal against an order issued on September 11,
1987 by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
355 East 119th Street, Apartment 2 - A, New York, New York.
The issue herein is whether the District Rent Administrator
issued duplicate rent restoration orders, improperly restoring
the rent twice for the same condition.
On appeal, the petitioner-tenant asserts that the owner was
granted a restoration of rent on April 27, 1987, under Docket
Number ZAI - 520083 - OR in the amount of 7 1/2% per month
effective May 1, 1987,due to a restoration of heat and hot water
services and that the second restoration order issued on
September 11, 1987, under Docket Number AL - 510090 - OR, in the
amount of 7 1/2% per month, effective October 1, 1987, is
duplicative.
After a careful consideration of the entire evidence of
record the Commissioner is of the opinion that the administrative
appeal should be granted.
A review of the record shows that two restoration orders
affecting the subject apartment (2 - A) were respectively issued
by the District Rent Administrator on April 27, 1987 and
September 11, 1987 and both were based upon the owner's
restoration of heat and hot water services.
The Commissioner notes that the restoration orders noted
above are separate and distinct from another building-wide
ADM. APPEAL DOCKET NO. BJ - 420278 RT
restoration order, dated September 11, 1987, under Docket Number
AL 510090 - OR, which restored rents [building-wide] by $16.00
per month, effective October 1, 1987.
The Commissioner finds, therefore, that the restoration
order issued on September 11, 1987 restoring the rent in the
amount of 7 1/2% per month for restoration of heat and hot water
services is duplicative of the restoration order issued on April
27, 1987.
Accordingly, the order issued on September 11, 1987
restoring the rent by 7 1/2% per month must be revoked.
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,
granted and that the District Rent Administrator's order issued
on September 11, 1987, under Docket Number AL - 510090 - OR
restoring the rent by 7 1/2% per month be, and the same hereby
is, revoked and it is
FURTHER ORDERED, that the owner shall immediately refund all
excess rent arising as a result of this order, or the tenant may
credit such excess rent up to the total amount of each succeeding
rent payment until the excess has been recovered in full.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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