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.: CJ110148RT
ROBERT & PHYLISS RESNICK RENT
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above named petitioner-tenant filed a Petition for
Administrative Review against an order of the Rent Administrator
issued September 28, 1988. The order concerned housing
accommodations known as Apt A located at 68-14 136th Street,
Flushing, N.Y. The Administrator granted the owner's rent
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The owner commenced this proceeding on March 28, 1988 by
filing a rent restoration application wherein it alleged that it
had restored services for which a rent reduction order bearing
Docket No. AK110394S was issued. The Commissioner notes that the
rent had been ordered reduced based on a lack of adequate hot
The tenant was served with a copy of the application and
afforded an opportunity to respond. The tenant filed a response on
May 9, 1988 and stated, in sum, that the owner had not restored
services and that the application should be denied.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on August 31, 1988 and
revealed that the hot water was adequate.
The Administrator issued the order here under review on
September 29, 1988 and granted the application.
On appeal the tenant states that her complaint was about
fluctuating hot water temperature and not inadequate hot water.
The petition was served on the owner on November 17, 1988.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The tenant's objection in the petition is one which challenges
the underlying rent reduction order. The tenant may not utilize an
administrative appeal against an order of rent restoration to
collaterally attack the underlying rent reduction order. The order
here under review is affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
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.
JOSEPH A. D'AGOSTA