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.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 8, 1988, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on
February 29, 1988, by the Rent Administrator, concerning the
housing accommodation known as 340 East 63rd Street. Apartment 2-A,
New York, New York, wherein the Rent Administrator determined that
the conditions, for which a rent reduction had been previously
granted on June 24, 1987, under Docket No. AJ430046B, had been
corrected and granted a restoration of the rent.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was commenced by the filing of a complaint of
various applications to restore rent dated August 14, 1987.
On December 11, 1987, an inspection by a Division employee revealed
that the conditions, for which the rent had been reduced, had been
corrected and ordered a full restoration of the rent in the amount
of $5.00 per tenant.
In the petition for administrative review, the tenant objects to
the rent restoration on the basis that she never received the
benefit of the rent reduction.
A copy of the tenant's PAR was served on the owner who responded
saying that the tenant's rent will not be raised $5.00 because it
had never been reduced. The owner states that it never knew the
rent reduction was in effect despite inquiry with this Division.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Administrator's order is correct as issued. The order does not
grant the owner an increase in the rent it may charge. It merely
restores the rent in the same amount as was to have been reduced.
The owner is cautioned that the tenant is still entitled to a
credit of $5.00 per month for the period that the rent reduction
was in effect, even though the parties agree that the rent being
charged, at the time the PAR was filed, already includes the
THEREFORE, in accordance with the City Rent Law and the Rent and
Eviction Regulations, 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