Docket Number: FA-210154-RT
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.: FA 210154-RT
: (AS AMENDED)
ROBERT K. BARRY, DISTRICT RENT ADMINISTRATOR'S
DOCKET NOS.: ZEB 210051-OR
PETITIONER : ZDH 210070-S
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND MODIFYING ADMINISTRATOR'S ORDER
This Order and Opinion amending an order issued on June 31, 1991
concerning t e housing accommodations relating to the above-
described docket number arises from an owner's letter dated August
12, 1991 requesting clarification as to the effective date of rent
restoration.
The Commissioner acknowledges the "typographical errors" brought
forward by the owner in said letter, 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.
On January 8, 1991, the above-named tenant filed a timely Petition
for Administrative Review of an order issued on December 11, 1990
concerning t e housing accommodations relating to the above-
described docket number.
Originally, this proceeding commenced when on February 21, 1990, the
owner filed an application to restore rent because the owner had
restored all services for which a rent reduction order was issued on
December 6, 1989 under Docket Number ZDH-210070-S.
On March 15, 1990, the tenant was mailed the owner's application.
On April 10, 1990, the tenant answered the owner's application,
alleging in substance that services have not been restored.
On October 9, 1990, inspection of the subject housing accomodation
revealed "evidence of exposed pipes in closet." However on October
14, 1990, the tenant certified a statement that "the exposed pipes
condition... in my apartment front closet has been repaired.
Based on said inspection and the tenant's later certification
modifying the inspection, the Administrator issued on December 11,
1990 an order finding that services had been restored; and that the
owner's application is granted, rent being restored effective
April 1, 1990.
In this petition, the tenant alleges in substance that rent should
not be restored "if the problem existed" until October 1990.
The Commissioner is of the opinion that this petition should be
Docket Number: FA-210154-RT
granted in part and the Administrator's order modified accordingly.
Administrative policy and precedent have recognized that if the
owner's application to restore rent is granted after an
inspectorial finding that services had been restored, rent
restoration is effective on the rent payment date of the month
following service of the owner's application on the tenant. However,
this rule does not apply to a case, such as this one, where an
inspection initially shows that services have not been restored.
Accordingly, the Commissioner finds that the effective date of the
rent restoration should be November 1, 1990, the first of the month
following the actual restoration of services.
The owner shall refund the excess collected from April 1, 1990 to
October 31, 1990. If the owner fails to make the refund within 30
days, the owner may credit the excess amount against the tenant's
rent.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that the tenant's petition be, and the same hereby is,
granted in part to the extent that the effective date of rent
restoration is November 1, 1990, and that the District Rent
Administrator's order be, and the same hereby is, modified
accordingly.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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