STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CE610241RO
175 EAST 151st STREET REALTY CO.,
DOCKET NO.: BK610061OR
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On May 31, 1988, the above-named petitioner-owner filed a petition
for administrative review (PAR) of an order issued on May 18, 1988,
by the Rent Administrator, concerning the housing accommodation
known as 175 EAST 151st STREET, BRONX, N.Y., APT. 4-O, wherein the
Administrator determined that the owner's rent restoration
application should be denied.
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 improperly
issued the order of May 18, 1988, which denied the owner's rent
On appeal, the petitioner-owner contended that the order of May 18,
1988 was nugatory because the owner's rent restoration application
had already been granted by the Rent Administrator on April 5,
The petition was served on the tenant on June 30, 1988, but the
tenant failed to file an answer to the petition.
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 contradictory orders affecting
the same application and apartment (4-O) were respectively issued
by the Rent Administrator on April 5, 1988 and May 18, 1988. The
first order, under Docket No. BJ610144OR, granted the owner's rent
restoration application and the second order, under Docket No.
BK610061OR, denied the same application.
The Commissioner finds, therefore, that the Rent Administrator
improperly issued the order of May 18, 1988.
Accordingly, the appealed order issued on May 18, 1988 must be
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted and
that the Rent Administrator's order of May 18, 1988, issued under
Docket No. BK610061OR be, and the same hereby is, revoked.
JOSEPH A. D'AGOSTA