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.: DD110193RO
G.K.J. Subraj RENT
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On April 21, 1989, the named petitioner-owner filed a Petition for
Administrative Review of an order issued on March 21, 1989, by the
Rent Administrator, concerning the housing accommodations known as
Apt. 9G, 88-05 Merrick Blvd., Jamaica, NY wherein the Rent
Administrator granted the owner's rent restoration application.
The Commissioner has reviewed the record and carefully considered
that portion relevant to the issues raised by this appeal.
A review of the record reveals that the owner filed a rent
restoration application on September 7, 1988 stating that the
tenant had unreasonably refused access to the owner to restore
services for which a rent reduction order had been issued on July
2, 1987 under Docket No. AK110396S.
The application was sent to the tenants by DHCR on October 21,
In answer to the application, the tenant stated that some repairs
had been done but not all. The tenant denied refusing access.
A physical inspection by DHCR on March 1, 1989 at which both
parties appeared revealed that all services had been restored.
Based on this inspection, the order appealed herein was issued
restoring the rent effective November 1, 1989.
In the petition for administrative review, the owner asserts that
the rent restoration should be effective November 1, 1988.
The petition was served on the tenant on August 17, 1989 and in
response, the tenant states that not all services have been
restored despite access always being given.
After careful consideration of the evidence of record, the
Commissioner is of the opinion that the petition should be granted.
Rent restoration for stabilized tenants is effective the first of
the month following service of the of the application on the
tenant. Since the evidence of record establishes that the
application was sent to the tenant on October 21, 1988, the rent
restoration should be effective November 1, 1988.
Therefore, in accordance with the Rent Stabilization Law and Code,
ORDERED that this petition be and the same hereby is granted and
the Rent Administrator's order be and the same hereby is modified
in accordance with the order and opinion. Any rent arrears due as
a result of this order may be paid by the tenant in installments of
JOSEPH A. D'AGOSTA