ADM. REVIEW DOCKET NO.: EB120319RT
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.: EB120319RT
DISTRICT RENT
ADMINISTRATOR'S DOCKET
DELIA ARVANITAKIS NO.: DD120039BT
(BL126447BR)
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 48-18 48 Street, Queens, N.Y. 11377, Apt.
2-F.
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 petition.
The issue before the Commissioner is whether the
Administrator's order was correct.
The Administrator's order being appealed, DD120039BT was
issued on February 2, 1990. In that order, the Administrator
affirmed the finding of BL126447BR. On appeal, the tenant contends
that a rent reduction order was outstanding against the subject
premises as of the effective date of the Administrator's order
under review herein, and as such, the owner was barred from
collecting MBR increases for 1988/89.
The Commissioner is of the opinion that this petition should
be denied.
The fact that there is a rent-reducing order outstanding
against the subject premises does not bar the owner of those
premises from eligibility to raise MBRs. The owner is, however
barred from collecting the MBR increase pending the issuance of an
order of rent restoration, at which time the MBR increase becomes
collectible prospectively only.
ADM. REVIEW DOCKET NO.: EB120319RT
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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