STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on July 26, 1988 concerning the housing
accommodations known as 650 Crown Street, Apartment 4K, Brooklyn,
New York, wherein the Rent Administrator determined the owner's
application to restore rent previously reduced under Docket No.
KC002190S in an order dated January 14, 1987.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition.
On January 21, 1988, the owner filed the rent restoration
application processed per Docket No. CA220041OR, herein under
review, requesting restoration of the remaining rent not restored
in the previous rent restoration proceeding per Docket No.
The owner stated that all the repairs were completed in November
1987. The owner also argued that rent restoration was warranted
predicated on the fact that the tenant, represented by counsel,
signed a Stipulation dated November 6, 1987, so ordered by the
Court, withdrawing the complaint per Docket No. KC002190S as well
as every objection to the owner's then pending rent restoration
application per Docket No. AL220035OR.
An inspection conducted May 11, 1988 by a DHCR inspector confirmed
the owner's claim that repairs had been completed.
On July 26, 1988, the Rent Administrator issued the order herein
under appeal granting restoration of the remaining rent effective
August 1, 1988.
In the petition for administrative review, the owner argues, in
substance, that it was entitled to the full restoration (effective
December 1, 1987) rather than the partial restoration granted per
the November 12, 1987 order per Docket No. AL220035OR, because "the
tenant withdrew" the case by then in the so ordered November 6,
1987, Court stipulation.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The owner's suggestion that the rent reduction "case be cancelled
as the tenant withdrew it" is, without merit. The Rent
Administrator's rent reduction order per Docket No. KC002190S was
issued ten (10) months prior to the stipulation in Court. The Rent
Administrator's prior order was valid when issued, and could not be
revoked by stipulation.
Any alleged errors in the Rent Administrator's order per Docket No.
AL220035OR should have been raised in a timely petition for
administrative review of that order. DHCR records do not show that
the owner sought administrative review of the order, which
therefore became final. The owner's attempt to raise the issue of
alleged errors therein constitutes an impermissible collateral
attack of a final order.
The owner's objection to the August 1, 1988 effective date
established in the order per Docket No. CA220041OR herein under
appeal, for the restoration of the remaining $8.00 rent reduction,
must be dismissed. Section 2202.2 of the Rent & Eviction
Regulations specifically provides that "No order increasing or
decreasing rent shall be effective prior to the date on which the
order is issued...." The owner's reliance upon Section 2522.2 of
the Rent Stabilization Code is misplaced, as it is inappropriate
for rent controlled premises.
The owner's reliance on the November 6, 1992 Court ordered
stipulations is also misplaced. A subsequent Court stipulation,
dated February 1, 1988, indicated that the apartment required
(unspecified) repairs. Additionally, the DHCR does not normally
accept agreements set forth in Court stipulations where, as here,
the tenant was not represented by Counsel.
THEREFORE, in accordance with the Rent and Eviction Regulations for
the City of New York, 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,
JOSEPH A. D'AGOSTA