CB110361RO
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.: CB110361RO
TENSHORE REALTY LTD. RENT
C/O SANDY JAMIESON ADMINISTRATOR'S DOCKET
NO.: BG110166OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 3, 1988 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued January 27, 1988. The order concerned housing
accommodations known as Apt 1R located at 155-01 90th Ave.,
Jamaica, N.Y. The Administrator granted the owner's application
for rent restoration.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The owner commenced this proceeding on July 27, 1987 by filing
an Application for Rent Restoration wherein it alleged that it had
restored services for which a rent reduction order bearing Docket
No. AK110389S had been issued. That application was rejected on
August 11, 1987.
The tenant was served with a copy of the application on
September 28, 1987 and afforded an opportunity to respond.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on December 1, 1987 and
revealed that the owner had restored services.
The Administrator issued the order here under review on
January 27, 1988 and ordered rent restoration effective October 1,
1987.
On appeal the owner states that the Administrator erred in
ordering the rent restored effective October 1, 1987. The owner
argues that, pursuant to Section 2522.2 of the Rent Stabilization
Code, the rent restoration should have been ordered effective 30
days following the filing of the rent restoration application. The
CB110361RO
petition was served on the tenant on May 13, 1988. The tenant did
not file a response.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner notes that the owner originally filed for
rent restoration on July 27, 1987. That application was rejected by
the Administrator based on the failure of the owner to supply a
sufficient number of copies. The owner then refiled the
application in August, 1987 with the proper number of copies.
Therefore, the Administrator was correct in ordering rent
restoration effective the first rent payment date occurring 30 days
after the refiling of the application. The order here under review
is affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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