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.: DE220452RT
Elaine Johnson RENT
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW AND
REVOKING RENT RESTORATION ORDER
On May 9, 1989 the above named petitioner-tenant filed a Petition
for Administrative Review of an order issued on April 19, 1989, by
the Rent Administrator, concerning the housing accommodations known
as Apt. 2F, 125 Eastern Parkway, Brooklyn, NY wherein the Rent
Administrator granted in part the owner's rent restoration
application and ordered rent restoration in the amount of $5.00 per
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 on August 23, 1988, the owner
filed an application seeking restoration of rent that had been
reduced by $10.00 per month in an order issued on January 16, 1986
in Docket Number KC002355S.
In answer to the application, the tenant, through counsel, stated
that the owner's application should be denied because repairs have
not been completed.
A physical inspection by DHCR on March 30, 1989 revealed that the
bathroom walls and ceilings were repaired but the windows were not.
Based on this inspection report, the Rent Administrator issued the
order appealed herein, restoring the rent by $5.00 per month.
In the petition for administrative review, the tenant asserts that
the order should be revoked because it is a duplicate of another
rent restoration for the same rent reduction.
The petition was served on the owner on July 12, 1989. In
response, the owner agreed that the order was a duplicate.
After careful consideration of the evidence of record, the
Commissioner is of the opinion that the petition should be granted
and the Administrator's order should be revoked.
The Division's records reveal that the owner had filed another rent
restoration application seeking restoration of the same rent
reduction. An order was issued on February 24, 1989 restoring the
rent in part based on an inspection that revealed that the bathroom
walls and ceilings were repaired but the windows were not.
Accordingly, the Commissioner finds that the order appealed herein
is a duplicate of a prior order and must be revoked.
Therefore, in accordance with the Rent and Eviction Regulations for
New York City, 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 revoked.
JOSEPH A. D'AGOSTA