DOCKET NO.: DA420048RT
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO. DA420048RT
: DISTRICT ADMINISTRATOR'S
RICHARD TRACHTMAN, DOCKET NO. BL427972BR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative review of
an order issued concerning the housing accommodations known as 87 Barrow
Street, Apt. 5B, New York, NY.
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 petition.
The issue before the Commissioner is whether the Administrator's order was
The Administrator's order being appealed, BL427972BR was issued on November
14, 1988. In that order, the Administrator found that the owner should be
granted eligibility for a 1988/89 Maximum Base Rent (MBR) increase.
On appeal the tenant alleges that, as of the effective date of the order
being appealed herein (January 1, 1988), there was an order of rent reduction
outstanding against the subject premises. As such, the tenant contends that
the Administrator was in error in granting the owner eligibility to raise
MBRs at the subject premises. The order is dated January 5, 1987.
The Commissioner is of the opinion that this petition should be denied.
The fact that there is a previous rent-reducing order outstanding against a
premises does not bar the Administrator from granting eligibility to the
owner of the premises from raising MBRs at the premises; rather, it bars the
owner from collecting those rent increases from the subject tenant(s) until
the issuance of an order restoring rent at which time the increased rent is
collectible prospectively only.
An examination of the record discloses that on November 9, 1989 the
Administrator issue an order of rent restoration under docket # DE420039OR.
The Commissioner is thus of the opinion that the owner is eligible to collect
increased rent, as of the December 1, 1989 rent payment only.
DOCKET NO.: DA420048RT
THEREFORE, in accordance with the provisions of the Rent and Eviction
Regulations, it is
ORDERED, that this petition for administrative review be, and the same hereby
is, denied, and that the order of the Rent Administrator be, and the same
hereby is, affirmed.
The owner is directed to refund to the tenant those portions of all rent
payments made by the tenant from January 1, 1988 through November 1, 1988
inclusive representing increase in the 1988/89 MBR. This refund is to be
made in a single lump sum, within thirty (30) days from the date of this
JOSEPH A. D'AGOSTA