DD110140RO
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.: DD110140RO
RENT ADMINISTRATOR'S
DOCKET NO.: CG110108OR
Richard Albert
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 10, 1989, the above-named petitioner-owner filed a
petition for administrative review of an order issued on March 21,
1989, by the Rent Administrator, concerning the housing
accommodation known as 93-41 222 Street, Apt. 2A, Queens Village,
N.Y. wherein the Administrator restored the rent effective
September 1, 1988 which had been reduced by order dated November
26, 1986.
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 dated June 29, 1988. By inspection
conducted on March 7, 1989, the Administrator determined that
extermination service was being provided resulting in the March 21,
1989 order restoring the rent.
In the PAR the owner contends that the agency had previously
determined, in connection with Docket Number QCS000151B, that the
owner was providing extermination services; that the tenant
historically has failed to provide access requiring the agency to
schedule a "no access" inspection, and that when access has been
provided there have been no signs of infestation; and that federal
law requires that the owner be given a hearing before any penalties
are assessed, and that for all these reasons the rent restoration
should have been effective as of the date of the rent reduction.
The Commissioner is of the opinion that this petition should
be denied.
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The owner's contentions in the PAR relate solely to the
November 26, 1986 rent reduction order and are untimely raised in
this petition. A separate PAR filed by this owner on December 15,
1986 challenging the November 26, 1986 order has been addressed by
the Commissioner in Docket Number AL120106RO and an order was
issued thereunder.
As for the owner's contention that the rent restoration should
have an earlier effective date, an order granting a rent
restoration is effective on the first day of the month following
service on the tenant of a copy of the owner's application for such
rent restoration. Here, the owner's application was served on the
tenant on August 15, 1988. Thus the effective date of the
restoration was correctly determined by the Administrator to be
September 1, 1988.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is,
ORDERED, that this petition be, and the same hereby is, denied
and the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
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Joseph A. D'Agosta
Deputy Commissioner
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