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.: DC130206RO
DOCKET NO.: CD130182OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 6, 1989, the above-named petitioner-owner filed a petition
for administrative review of an order issued on February 16, 1989,
concerning the housing accommodations known as various apartments
at 88-05 Merrick Boulevard, Jamaica, New York, wherein the
Administrator granted the owner's rent restoration application and
restored the rent effective September 1, 1988.
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.
A review of the record reveals that on July 8, 1988, the owner
filed a rent restoration application in which it was stated that
all services for which a rent reduction order was issued on April
13, 1988 in Docket No. BH110175B had been restored.
The application was served on the tenants on August 10, 1988.
A physical inspection on October 24, 1988 by DHCR confirmed that
all services had been restored, and based on this inspection, the
order appealed herein was issued by the Rent Administrator.
In the petition for administrative review, the owner asserts that
the rent restoration should be effective June 1, 1988 because the
application was filed on April 19, 1988.
The petition was served on the tenants on June 5, 1989.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
A rent restoration for rent stabilized tenants is effective the
first of the month following service of the application on the
tenants. Although the former owner did attempt to file a
restoration application which was received by DHCR on April 21,
1988, the documents were returned to the owner on June 18, 1988
because they were incomplete in that they did not include an
original and two copies of the application for each tenant or a
copy of the rent reduction order. A completed application was
resubmitted by the owner on July 11, 1988 which was then served on
the tenants on August 10, 1988. The Administrator correctly
granted the application with an effective date of September 1,
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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