FL 430181 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.: FL 430181 RO
DISTRICT RENT
AVAL COMPANY ADMINISTRATOR'S DOCKET
NO.: EL 430128 OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On December 16, 1991 the above named petitioner-owner
filed a Petition for Administrative Review against an order of the
Rent Administrator issued December 4, 1991. The order concerned
housing accommodations located at 1582 First Avenue, New York, N.Y.
The Administrator denied the owner's application for rent
restoration.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The owner commenced this proceeding on November 2, 1990 by
filing an Application to Restore Rent wherein it alleged that it
had restored all services for which a rent reduction order, bearing
Docket No. DB 530014-B, had been issued.
The tenants was served with copies of the application and
afforded an opportunity to respond.
The Administrator ordered a physical inspection of the
building. The inspection was conducted on July 18, 1991 and
revealed that the building entrance door knob was missing. On
September 20, 1991 the Administrator sent the owner a notice which
stated the results of the inspection and afforded the owner 20 days
to substantiate completion of repairs. The owner failed to
respond.
The Administrator issued the order here under review on
December 4, 1991 and denied the application based on the report of
the DHCR inspector. The Commissioner notes that the record
contains a letter from the owner's counsel, dated December 5, 1991,
which requested reconsideration of the order here under review.
FL 430181 RO
The owner stated that, on January 2, 1991, the Administrator had
issued an order bearing Docket No EB 430111 OR, which restored the
rents reduced in Order No. DB 530014 B for all rent regulated
tenants in the building and that the owner had filed a second rent
restoration application in error. The owner stated that the order
here under review should therefore be revoked.
On appeal the owner restates that the Administrator's January
2, 1991 order restoring rent made this proceeding moot and,
accordingly, that the Commissioner should revoke the order here
under review. After careful review of the evidence in the record
as well as review of the record in the proceeding bearing Docket
No. EB 430111 OR, the Commissioner is of the opinion that the
petition should be granted and the order here under review should
be revoked.
The owner is correct in stating that rents were restored in
the January 2, 1991 order wherein it was determined that all
conditions for which a rent reduction had been ordered in DB 530014
B had been corrected, including the entrance door knob. The
issuance of that order, 11 months before the issuance of the order
here under review, made this proceeding moot and it was error for
the order appealed herein, denying the owner's rent restoration
application, to have been issued.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Rent and Eviction Regulations it is
ORDERED, that this petition be, and the same hereby is,
granted, and that the Rent Administrator's order be, and the same
hereby is, revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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