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.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 23, 1988, the above-named petitioner-tenant filed a
petition for administrative review (PAR) of an order issued on
November 10, 1988, by the Rent Administrator, concerning the
housing accommodation known as 66-22 Fleet Street, Forest Hills,
N.Y., Apt. 4-H, wherein the Administrator determined that the owner
should be granted restoration of the rent effective June 1, 1988,
based on a finding that certain services had been restored.
The Commissioner has reviewed all 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 Rent Administrator properly
restored the rent of the subject apartment, effective June 1, 1988.
The owner commenced this proceeding by filing an Application for
Rent Restoration on March 25, 1988, stating that services for which
a rent reduction order had been issued by the Administrator on
January 25, 1988, under Docket No. AI110430S had been restored.
A DHCR inspection conducted on September 13, 1988, revealed that
all repairs which were the subject of the reduction order had been
The tenant also stated on October 8, 1988 that the repairs were
On appeal, the petitioner-tenant asserted, in pertinent part, that
the effective date of the restoration order should be changed from
June 1, 1988 to October 1, 1988 because the services were restored
on the latter date.
The petition was served on the owner on December 28, 1988.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
With regard to the issue of the effective date of rent restoration
ordered by the Administrator, the Commissioner notes that it is the
policy of the DHCR to order rent restoration for rent stabilized
tenants effective the first rent payment date following service of
the application on the tenants.
A review of the record shows clearly that the application for rent
restoration was filed with the DHCR, on March 25, 1988, and was
served on the tenant on May 5, 1988.
The Commissioner finds, therefore, that the Rent Administrator's
determination that the rent should be restored, effective June 1,
1988, was correct and proper.
Accordingly, the order hereunder review is affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code, 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