DF110065RO
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
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DF110065RO
G.K.J. SUBRAJ RENT
ADMINISTRATOR'S DOCKET
NO.: CH110171OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On June 1, 1989 the above named petitioner-owner filed a Petition
for Administrative Review against an order of the Rent
Administrator issued on May 19, 1989, by the Rent Administrator,
concerning the housing accommodations known as Apt. 9G, 88-05
Merrick Blvd., Jamaica, NY, wherein the 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
restorations application on August 18, 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 February 22,
1988 under Docket No. BG110163B.
The application was sent to the tenants by DHCR on September 19,
1988.
A physical inspection by DHCR on April 25, 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 October 1, 1989.
In the petition for administrative review, the owner asserts that
the rent restoration should be effective October 1, 1988.
The petition was served on the tenant on September 14, 1989 and in
response, the tenant states that the owner has not restored
services.
DF110065RO
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 application on the tenant.
Since the evidence of record establishes that the application was
sent to the tenant on September 19, 1988, the rent restoration
should be effective October 1, 1988.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
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 modified
in accordance with this order and opinion. Any rent arrears due as
a result of this order may be paid by the tenant in installments of
twelve months.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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