CI430216RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CI430216RO
TAMARA ZELCER
RENT ADMINISTRATOR'S
DOCKET NO.: BL430180OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 2, 1988, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
July 29, 1988, by the Rent Administrator, concerning the housing
accommodations known as 503 East 73rd Street, New York, N.Y.,
Various Apartments, wherein the Administrator granted the owner's
rent restoration application.
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.
A review of the record reveals that on December 18, 1987 the owner
filed an application to restore rent that had been reduced in
Docket No. AK430020B. The rent was reduced for a defective roof
door lock, no superintendent, public area floors and walls requir-
ing cleaning, and defective 3rd and 5th floor public windows.
The owner stated in the application that a new roof door lock had
been installed; a superintendent had been placed on the premises
and his name, address, and phone number were posted in the public
area; the walls and floors in the public areas are cleaned on a
regular basis; and the defective windows on the 3rd and 5th floors
have been repaired.
The application was sent to the tenants on February 1, 1988 and in
response, some tenants denied that all necessary repairs had been
completed.
A physical inspection of the building by DHCR on March 21, 1988
CI430216RO
revealed that all defective conditions cited in the rent reduction
order had been corrected.
Based on this inspection, the Rent Administrator issued orders
restoring the rent by $16.00 per month effective August 1, 1988 for
all rent controlled tenants in the building and to the level in
effect prior to the rent reduction effective March 1, 1988 for the
one rent stabilized tenant who had been granted a rent reduction.
In the petition for administrative review, the owner asserts, in
substance, that since all necessary repairs were completed by
August 1987, shortly after the rent reduction order was issued on
June 30, 1987, the effective date of the restoration should not be
August 1, 1988. The owner also claims that rent restoration orders
were not issued for all tenants.
The petitions were sent to the tenants on November 21, 1988.
After careful consideration of the evidence of record, the
Commissioner is of the opinion that the petition should be denied.
Pursuant to Section 2202.2 of the Rent and Eviction Regulations for
New York City which precludes a rent adjustment order from being
effective prior to the date it is issued, the rent restoration for
rent controlled tenants was properly made effective August 1, 1988.
For the one rent stabilized tenant, the rent restoration was
effective March 1,1988, the first rent payment following service of
the application on the tenant. This is consistent with the Rent
Stabilization Code and with the practice used in rent reduction
orders which are also effective the month following service of the
complaint on the owner.
A review of the record also confirms that only the tenants of
apartments 2A, 2E, 3A and 3D were granted a rent reduction in
Docket No. AK430020B and only those tenants were properly issued a
rent restoration order.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Rent and Eviction Regulations for the City of New York, 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,
CI430216RO
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
DEPUTY COMMISSIONER
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