DH 110513-RO
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
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NO.:
DH 110513-RO
GEORGE KARRANE and,
JAIRAJ SUBRAJ RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONERS CJ 110174-OR
----------------------------------x
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On August 1, 1989, the above-named petitioner-owner filed a Peti
tion for Administrative Review (PAR) against an order issued on
July 10, 1989, by the Rent Administrator at Gertz Plaza, Jamaica,
New York, concerning the housing accommodation known as 88-05
Merrick Boulevard, Apartment 9-G, Jamaica, New York, wherein the
Administrator granted the owner's application to restore rents
effective May 1, 1989, previously reduced per Docket No. BB
110491-S, based on decreased services.
In the petition the owner points out that the above captioned
rent restoration proceedings were duplicative of rent restoration
proceedings under Docket No. CI 110036-OR. Thereunder, on March
24, 1989 the Administrator granted the owner's rent restoration
application effective November 1, 1988.
The tenant acknowledges that the owner had restored the services,
albeit tardily but assert, however, that the owner had not cred-
ited or refunded the underlying rent abatements to the tenant.
The applicable law is Section 2523.4 of the Rent Stabilization
Code.
The owner's petition is granted to the extent that the date of
rent restoration be amended to November 1, 1988 to conform to the
Administrator's prior determination under Docket N . CI 110036-
OR.
The owner is cautioned to refund or credit the tenant with the
amount of the rent abatement due the tenant from the effective
date of the rent reduction April 1, 1987, until the rent restora
DH 110513-RO
tion effective November 1, 1988, if not done so already. If the
owner fails to do so, the tenant may obtain relief by filing a
rent overcharge complaint with the Division.
THEREFORE, in accordance with the provisions of the Rent Stabili
zation Law and Code, and the Emergency Tenant Protection Act of
1974, it is
ORDERED, that this petition be, and the same hereby is, granted
and the Rent Administrator's order be, and the same hereby is,
affirmed as modified above.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
|