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.: CC430329RT
DOCKET NO.: BG430145OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On or about March 24, 1988, the above-named petitioner-tenant filed
a petition for administrative review of an order issued on March 8,
1988 by the Rent Administrator, concerning the housing
accommodation known as 1 Arden Street, various apartments, New
York, N.Y., wherein the Administrator determined that the services,
which had been the subject of a previous rent reduction order, had
been restored and ordered a restoration of the rent.
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.
This proceeding was commenced by the filing by the owner of an
application to restore rent based upon a restoration of services.
An inspection conducted by a DHCR staff inspector on December 31,
1987 revealed that the vestibule door is kept locked and secured
and the incinerator door had been repaired, resulting in the
Administrator's order of March 8, 1988 which found that services
had been restored and restored the rent effective October 1, 1987.
In the PAR, the tenant representative states that the door was not
in working order until December 14, 1987 and objects to the
effective date of the order restoring the rent.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The report of inspection dated December 31, 1987, by an employee of
the Division who is not a party to the proceeding, was properly
placed in the record for consideration by the Administrator. The
Commissioner finds that it was proper for the Administrator to
restore the rent based on the report of its inspector which found
that, as of the date of inspection, services had been restored.
The Commissioner also finds that the Administrator correctly set
the effective date of the rent restoration. Pursuant to Section
2202.2 of the Rent and Eviction Regulations, which pertain to the
rent controlled tenants affected by this order, no order granting
a rent restoration with respect to a rent controlled apartment
shall be effective prior to the date on which the order is issued.
Pursuant to the Rent Stabilization Law and Code, pertaining to the
rent stabilized tenants affected by the order, an order granting a
rent restoration is effective on the first day of the month
following service on the tenants of a copy of the owner's
application for such rent restoration. Thus, the effective date of
the restoration was correctly determined by the Administrator for
both the rent controlled and the rent stabilized tenants.
THEREFORE, in accordance with the City Rent Law, the Rent and
Eviction Regulations, and the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied and
the Administrator's order be, and the same hereby is, affirmed.
JOSEPH A. D'AGOSTA