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
APPEAL OF DOCKET NO.:BK110106RO
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 9, 1987, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
October 28, 1987, by the Rent Administrator, concerning the housing
accommodation known as Apt. A-2, 39-77 51st Street, Woodside, NY
wherein the Administrator determined that the rent which was
previously reduced by order issued on February 5, 1987 (Docket No.
AC-110066-S) based on a decrease in services should be restored as
of August 1, 1987 based on an inspection held on August 31, 1987
which found that the livingroom ceiling had been repaired.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was commenced by the filing of a completed
restoration application by the owner on July 13, 1987 in which he
asserted that the livingroom ceiling had been repaired. A physical
inspection by DHCR on August 31, 1987 confirmed that the repairs
had been completed. Rent restoration was granted by order dated
October 28, 1987 and was effective on August 1, 1987.
On PAR the owner contends that the rent should have been restored
before the August 1, 1987 effective date because repairs were made
even before the reduction order was issued.
Docket No.: BK110106RO
The Commissioner is of the opinion that this petition should be
An order granting a rent restoration is effective on the first day
of the month following service on the tenant of a copy of the
owner's application for such rent restoration. Here, the owner's
application was served on the tenant on July 13, 1987. Thus the
effective date of the restoration was correctly determined by the
Administrator as of August 1, 1987.
The owner's allegation that the repairs were made before the rent
reduction order was issued could be considered only in a timely
petition for administrative review of the rent reduction order.
The Division's records reveal that the owner did not file such a
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is denied and
the Rent Administrator's order be, and the same hereby is affirmed.
JOSEPH A. D'AGOSTA