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.: CI410253RO
A. GUMOWITZ RENT
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On September 16, 1988 the above named petitioner-owner filed
a Petition for Administrative Review against an order of the Rent
Administrator issued August 11, 1988. The order concerned housing
accommodations known as Apt 14-F located at 10 Sheridan Square, new
York, N.Y. The Administrator denied the owner's rent restoration
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The owner commenced this proceeding on January 15, 1988 by
filing a rent restoration application wherein he alleged that all
services for which a rent reduction order bearing Docket No.
AI410558S had been issued were restored. The Commissioner notes
that the rent had been reduced based on a finding of water damaged
living room and bedroom walls. The Commissioner further notes that
the application contained a signed statement of consent by the
tenant to the effect that the application had been read and the
stated repairs had been completed.
The tenant was served with a copy of the application and
afforded an opportunity to respond. The tenant did not file a
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on June 28, 1988 and
revealed that services had not been restored. The Administrator
issued the order here under review on August 11, 1988 and denied
the owner's application.
On appeal the owner, as represented by counsel, states that
the application had been consented to by the tenant as described
above and that, therefore, the Administrator erred in denying it.
The petition was served on the tenant on December 1, 1988.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted,
the order here under review should be revoked and the rent should
be ordered restored effective February 1, 1988.
The Commissioner agrees with the owner that, based on the
signed statement of consent, it was error for the Administrator to
order an inspection of the subject apartment. The application
should have been granted based on the papers submitted. Therefore,
the order here under review is revoked and the rent is ordered
restored effective February 1, 1988, the first rent payment date
following the filing of the application.
The Commissioner notes that the owner's reapplication for
rent restoration was assigned Docket No. CK410035OR and granted on
April 19, 1989.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
ORDERED, that this petition be, and the same hereby is,
granted, that the Rent Administrator's order be, and the same
hereby is, revoked, and that the rent be, and the same hereby is,
ordered restored effective February 1, 1988. Any arrears owed by
the tenant based on the Commissioner's decision herein may be paid
off in twelve (12) equal monthly installments or immediately if the
JOSEPH A. D'AGOSTA