ADM. REVIEW DOCKET NO.: BL420155RT
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.:
BL420155RT
:
RENT ADMINISTRATOR'S
DOCKET NO.:
AL520052OR
GERALDINE TUTTINO
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On December 29, 1987, the above-named petitioner-tenant filed
a petition for administrative review of an order issued on November
24, 1987, by the Rent Administrator, concerning the housing
accommodation known as 355 East 119th Street, New York, N.Y.
Apartment 2-A, wherein the Administrator determined that the
conditions upon which an order was issued on June 6, 1986, reducing
the rent have been corrected and warrant a restoration of the rent
in the amount of 7 1/2% per month, plus all lawful increases
granted subsequent to the order reducing rent. The restoration was
made effective on December 1, 1987.
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.
The issue herein is whether the Rent Administrator properly
issued the rent restoration order dated November 24, 1987.
ADM. REVIEW DOCKET NO.: BL420155RT
On appeal, the petitioner-tenant asserts that the order
restoring rent which was issued on November 24, 1987 (AL520052OR)
is a duplication of an earlier order restoring rent which was
issued on April 27, 1987 (AI520083OR) and that the latest order
should be revoked.
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 reveals that the appealed order
duplicated an earlier order of the Rent Administrator issued on
April 27, 1987 and that both orders were based on the same owner's
application to restore the rent. Both orders granted the owner's
application in full.
Accordingly, the Rent Administrator erred in issuing the order
of November 24, 1987; inasmuch as an order had already been issued
which granted the owner's application to restore the rent in full.
The Commissioner finds, therefore, that the appealed order
(AL520052OR) 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 the Administrator's order of November 24, 1987 be, and
the same hereby is, revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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