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
APPEALS OF DOCKET NO.:
PETITIONER DF 110054-OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 7, 1990, the above-named owner filed a petition for
administrative review of an order issued on October 25, 1990, by
a Rent Administrator concerning the housing accommodation known
as Apartment 1-G, 93-49 222nd Street, Queens Village, New York,
wherein rent was reduced due to a diminution of service.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion relevant to the issues
raised by the petition for review.
On June 5, 1989 the subject owner filed an application for an
application for a rent restoration based on his alleged restora-
tion of services.
On July 28, 1989 the tenant interposed an answer to the owner
wherein she alleged that services had not been restored.
On September 13, 1990 a physical inspection of the subject apart
ment was carried out by the Division of Housing and Community
Renewal (DHCR). The inspector, in his report, noted that the
complained of conditions were as alleged by the owner.
On October 25, 1990 the Rent Administrator issued the order here
under review finding that a restoration of services had occurred
and restoring the tenant's rent to its prior level effective
August 1, 1989.
In his petition for administrative review the owner requests that
the Rent Administrator's order be modified to the extent of
changing the effective date to the date of the original order
reducing the rent (November 9, 1988) alleging, in substance, that
the rent reduction was issued in error.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
The Commissioner notes that the owner's application to restore
the rent was filed on June 5, 1989, that the application was
served upon the tenant on July 17, 1989. The Rent Administrator
ordered the rent restored effective August 11, 1989 - the first
rent payment date occurring subsequent to service on the tenant
of the owners application. It is further noted that the owner
has offered no evidence to indicate that service was restored
prior to the filing of his application nor has the owner offered
any explanation as to why he waited nearly seven months in order
to file his application to restore the rent. Accordingly, the
Commissioner finds that the Administrator properly ordered rent
restored effective August 1, 1989.
It is additionally noted that the gravamen of t e owner's peti-
tion is that rent should not have been reduced in the first
instance and that the owner filed a petition for administrative
review against the original rent reduction order.
The owner is advised that this order and opinion is issued
without prejudice to the owner's rights as they may pertain to
that administrative review proceeding.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, denied
and that the Rent Administrator's order be, and the same hereby
JOSEPH A. D'AGOSTA