Docket Number: FA-420259-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.: FA 420259-RT
:
ALIDA and RAYMOND FRISCH, DISTRICT RENT ADMIN.
DOCKET NOS.: ZED 420105-OR
PETITIONERS : ZBJ 420631-S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 22, 1991, the above-named tenant filed a timely Petition
for Administrative Review of an order issued on December 28, 1990
concerning t e housing accommodations relating to the above-
described docket number.
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.
On April 20, 1990, the owner commenced this proceeding by filing
an application to restore rent becaues the owner had restored all
services for which a rent reduction order was issued on November
28, 1989 under Docket Number ZBI-420631-S.
On May 3, 1990, the tenant was mailed the owner's application.
On May 14, 1990, the tenant filed an answer to the owner's
application, alleging in substance that services had not been
restored.
On October 23, 1990 and October 30, 1990, inspection of the subject
housing accommodation was attempted. The DHCR inspector reported
that the tenant called the inspector, stating that work in the
apartment had been completed and that the inspection should be
cancelled.
On December 28, 1990, the Administrator issued an order based on
said evidence in the record, finding for rent restoration because
the guard rail, the tiles on the terrace floor and the bedroom
window lock had been restored. The Administrator restored rent
effective June 1, 1990.
In this petition, the tenant contends in substance that the
effective date of the rent restoration should be when the work was
completed, i.e. on October 1990.
The Commissioner is of the opinion that this petition should be
denied.
Administrative policy and precedent have ruled that the effective
Docket Number: FA-420259-RO
date of rent restoration shall be the payment date following the
month when the tenant was put on notice of the owner's application
to restore rent based on restoration of services. In this case, the
tenant was mailed the owner's application on May 3, 1990.
Accordingly, the Commissioner finds that the Administrator properly
determined June 1, 1990 to be the effective date of restoration.
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 District Rent Administrator's order be, and the same hereby
is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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