Docket Number: FB-610265-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 610265-RO
:
STADIUM REALTY CO., DRO DOCKET NOS.:
ZEG 610106-OR
PETITIONER : ZBS 003617-S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 20, 1991, the above-named owner filed a timely Petition
for Administrative Review of an order issued on February 8, 1991,
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 July 7, 1990, the owner commenced this proceeding by filing an
application to restore rent based on the restoration of services.
On August 10, 1990, the tenant was mailed the owner's application.
In its answer filed on August 21, 1990, the tenant in substance
denied that services were restored.
Thereafter on January 18, 1991, an inspection of the subject housing
accommodation was conducted by a DHCR inspector who confirmed that
conditions upon which an order under the above-described docket
number was issued reducing the rent have been corrected.
On February 8, 1991, the Administrator issued an order based on said
inspection finding that services have been restored, granting the
owner's application and restoring rent effective "September 1,
1991."
In this petition, the owner contends in substance that the effective
date of rent restoration should be September 1, 1990, not September
1, 1991; and that rent restoration shall also apply to Apt. Nos. 5G,
4G and 6C - not only Apt. No. 5A.
The Commissioner is of the opinion that this petition should be
granted in part.
Docket Number: FB-610265-RO
The record shows that the order appealed from is based on a rent
reduction order under docket number ZBS-003617-S arising from the
original complaint of the tenant from Apt. No. 5A. Issues
concerning Apt. Nos. 5G, 4G, and 6C of the subject premises were not
raised in this original complaint and were not raised by the
petitioner-owner in the proceeding below. The petitioner-owner is
consequently precluded from raising for the first time these issues
on appeal.
However, the owner is correct in asserting that the effective date
should be September 1, 1990. The Administrator's order stating
September 1, 1991 as the effective date appears to be a
typographical error. A rent restoration granted to an owner's
application to restore rent based on restoration of services is
effective on the first rent payment date following the date when the
tenant was put on notice of the owner's application. In this case,
the effective date in accordance with the owner's contention should
be September 1, 1990 because the tenant was mailed the owner's
application on August 10, 1990.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, granted in
part, and that the District Rent Administrator's order be, and the
same hereby is, modified in accordance with this Order and Opinion.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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