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.: CD630201RO
Cresto Realty Inc.,
DOCKET NO.: BD610009AV
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On April 11, 1988, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
March 29, 1988, by the Rent Administrator, concerning the housing
accommodation known as 2698 Creston Avenue, Bronx, N.Y., various
apartments, wherein the Administrator determined that due to the
existence of violations on the above premises which renders it
unfit for human habitation and dangerous to life and limb as
determined by the New York City Department of Housing Preservation
and Development, (H.P.D.,) Code Enforcement Division, the premises
must be vacated and the rent, effective April 19, 1987, was
established at $1.00 per month.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
The issue herein is whether the rents should be restored effective,
February 24, 1988, the date the vacate order was rescinded.
The owner requested that the Rent Administrator's order be reversed
and the rent restored based on the rescission of the vacate order
due to complete restoration of the premises.
On appeal, the petitioner-owner asserted, in pertinent part, that
the New York City, Department of Housing Preservation and
Development, Code Enforcement Division, rescinded the vacate order
based upon restoration of the premises and that the rents should,
therefore, be restored as of the date of the order was rescinded.
The petition was served on the tenants on June 30, 1988.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be granted.
A review of the record reveals that on February 24, 1988, the Chief
Inspector, from the New York City Department of Housing
Preservation and Development, Division of Code Enforcement,
recommended that the order to vacate filed against the subject
premises, on April 9, 1987, be immediately rescinded. The
recommendation was based upon the results of an inspection
conducted on February 3, 1988, which showed that the premises were
in good repair.
The Rent Administrator's order, appealed herein, was issued
pursuant to Section 2522.6 of the Rent Stabilization Code and
Sections 2202.17 and 2202.20 of the Rent and Eviction Regulations
which permit DHCR to determine the legal regulated rent for an
apartment based on relevant facts.
The order was not based on Section 2523.4 (Failure to maintain
services) and therefore a request by the tenants for a rent
reduction was not required.
The rent was established at $1.00 in order to maintain the
landlord/tenant relationship between the parties while the
apartment was uninhabitable and the tenants were obliged to live
elsewhere. Once the tenants are restored to possession, the rent
may be restored to its original amount.
Accordingly, the Commissioner finds that the tenants have been
restored to occupancy and that the rents of the subject apartments
should be restored to the level in effect prior to the issuance of
the vacate-rent reduction order, effective February 24, 1988, the
date the vacate order was rescinded. The tenants may pay any rent
arrears due as a result of this order in twelve monthly
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Rent and Eviction Regulations for New York City, it is
ORDERED, that this petition be, and the same hereby is, granted and
that the Rent Administrator's order be, and the same hereby is,
modified, and the rents be and the same hereby are restored to the
level in effect prior to the rent reductions plus subsequent lawful
increases, effective February 24, 1988.
JOSEPH A. D'AGOSTA