FB 410186-RO
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.:
FB 410186-RO
PARCEL ONE COMPANY,
DRO DOCKET NO.:
PETITIONER EE 420076-OR
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 2O, 1991, the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued January 16, 1991. The order concerned
housing accommodations known as Apartment 10-D located at 35 East
84th Street, New York, New York. The Administrator ordered the
apartment rent restored effective February 1, 1991.
The owner commenced this proceeding on May 9, 1990 by filing an
application to restore the rent of Apartment 10-D. The rent was
previously reduced $24.50 per month by Order issued on April 27,
1987 (Docket No. ZAC 420443-S) based on decreased services. A
physical inspection of the apartment was conducted on December 4,
1990. That inspection revealed:
1.No evidence of defective windows throughout the
apartment and
2.No evidence of peeling paint and plaster in
master bedroom.
The Administrator ordered the rent restored effective February 1,
1991.
On appeal the owner takes issue with the effective date chosen by
the Administrator. Petitioner cites 9 NYCRR 2522.2 for the pro-
position that the legal regulated rent shall be adjusted
effective the first rent payment date occurring 30 days after the
filing of the application. The petitioner argues that July 1,
1990 was the proper effective date for restoration. The tenant
did not file a response.
After a careful review of the evidence in the record the
Commissioner is of the opinion that the petition should be
denied.
Petitioner's reliance on 9 NYCRR 2522.2 is incorrect. That
regulation is a portion of the Rent Stabilization Code. The
subject apartment is rent controlled. Therefore, the provisions
of 9 NYCRR 2522.2 are inapplicable to the instant facts. For
rent controlled apartments, the relevant regulation is 9 NYCRR
2202.2 which provides that an order increasing or decreasing of
maximum rent may not be effective prior to the date on which the
order is issued. In accordance with this regulation, the
Administrator properly ordered the rent restoration to be
effective February 1, 1991.
THEREFORE, pursuant to the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, denied
and the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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