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
APPEAL OF DOCKET NO.:
PICKMAN REALTY CORP. #3,
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely Petition for Administrative
Review (PAR) of an order issued on July 31, 1990, concerning the
housing accommodations known as 77-34 113th Street, Apartment 6-
G, Queens, New York, wherein the Rent Administrator determined
the owner's application to restore rent previously reduced under
Docket No. CE120570S.
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 owner commenced this proceeding by filing a rent restoration
application. Based on the results of an inspection that
confirmed that the conditions or violations upon which the order
was issued reducing the rent had been corrected, the Rent
Administrator restored the controlled rent prospectively,
effective August 1, 1990.
In this petition for administrative review, the owner argues, in
substance, that the rent should have been restored retroactive to
March 1, 1990, when the tenant signed the statement confirming
that corrective action had been completed.
After careful consideration, the Commissioner is of the opinion
that the petition must be denied.
Section 2202.2 of the Rent and Eviction Regulations provides that
"No order increasing or decreasing a maximum rent previously
established pursuant to these regulations shall be effective
prior to the date on which the order was issued . . . . "
Accordingly, the Rent Administrator's order was correct and
should be affirmed.
It is noted that the underlying rent reduction also operated
prospectively, rather than being granted retroactive to the date
the tenant filed the complaint.
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, denied
and that the Rent Administrator's order be, and the same hereby
LULA M. ANDERSON