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
APPEAL OF DOCKET NO.:
PETITIONER EI 610060-OR
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 22, 1991, the above-named tenant filed a petition for
administrative review of an order issued on March 13, 1991, by a
Rent Administrator concerning the housing accommodation known as
Apartment B-53, 3521 DeKalb Avenue, Bronx, New York, wherein rent
was restored due to a restoration of services.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the petition for review.
On September 5, 1990 the subject owner, filed an application for
a rent restoration based on its alleged restoration of service.
On February 13, 1991 a physical inspection of the subje t apart-
ment was carried out by the Division of Housing and Community
Renewal (DHCR). The inspector, in his report, noted that all
complained of conditions had been corrected by the owner.
On March 13, 1991, 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 previous level, effective
November 1, 1990.
In his petition for administrative review the tenant requests
reversal or modification of the Rent Administrator's order
alleging, in substance, that rent should have been restored
effective April 1, 1991 and not November 1, 1990.
After careful consideration the Commissioner is of the opinion
that this petition should be denied.
The Commissioner notes that a copy of the owner's application was
served on the tenant on October 15, 1990. Accordingly the correct
effective date for a rent restoration is the first rent payment
date thereafter. The Commissioner, finds, therefore, that no
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