Docket Number: FB-110104-RO
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.: FB 110104 RO
QUALITY AND RUSKIN ASSOCIATES/ DRO DOCKET NO.: EJ 110197-OR
THE ARGO CORP., DF 110474-S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING ADMINISTRATOR'S ORDER
On February 8, 1991, the above-named owner filed a Petition for
Administrative Review against an order issued on January 17, 1991 by the
District Rent Administrator concerning the housing accommodations relating
to the above-described docket number.
This administrative appeal is being determined pursuant to the provisions
of 2520.6(r) and 2523.4 of the Rent Stabilization Code.
The issue herein is whether the Administrator's order is warranted.
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 administrative appeal.
On September 17, 1990, the owner filed an application to restore rent
based on the restoration of services.
On October 5, 1990, the tenant answered the owner's application by
admitting that repairs were made on September 5, 1990.
Based on the tenant's statement of consent, the Administrator issued the
order appealed from, that services had been restored. However, the order
does not indicate whether the application has been granted or not.
In this petition, the owner alleges that the Administrator "neglected to
grant application and restore rent notwithstanding a finding that services
were being maintained."
In reply, the tenant states that because the rent was not reduced for lack
of services, there should be no restoration of rent.
The Commissioner is of the opinion that this petition should be granted
and the Administrator's order modified.
The record shows that notwithstanding a finding that services were being
maintained, the order appealed from does not indicate whether the
application to restore rent is granted or not. The Commissioner thus
finds that the order should be modified to grant the application and to
restore the legal rent. Because the tenant was put on notice and admits
that services were restored on September 5, 1990, the rent restoration
Docket Number: FB-110104-RO
shall be effective on the first rent payment date subsequent to the month
when the tenant was put on notice of the restored services, i.e. on
October 1, 1990.
The Commissioner notes that although the tenant alleges that there should
be no rent restoration because rent was not reduced for lack of services,
this allegation is without bearing to the correctness of the Docket
Numbers in this petition which involved orders reducing rent and restoring
THEREFORE, in accordance with the Rent Stabilization Law and Code, 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, modified in
accordance with this Order and Opinion.