Docket Number: FD-110115-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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FD 110115-RO
QUEENS BLVD. 40TH OWNERS CORP., : DISTRICT RENT ADMINISTRATOR'S
DOCKET NOS.: EJ 110237-OR
DI 110092-S
PETITIONER :
------------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING ADMINISTRATOR'S ORDER
On April 12, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on March 26, 1991,
concerning t e 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 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 October 29, 1990, the owner commenced this proceeding by filing
an application to restore rent based on the restoration of services.
On January 8, 1991, the tenant was mailed a copy of the owner's
application.
Because of the tenant's acknowledgment that services are being
maintained, the Administrator issued on March 26, 1991 an order
finding that services are being maintained and that rent restoration
shall be effective December 1, 1991.
In this petition, the owner states "I'm puzzled at why an Order
Restoring Rent issued on March 26, 1991 becomes effective on
December 1, 1991. Could this be a typographical error?"
After careful consideration, the Commissioner is of the opinion that
the petition should be granted.
The effective date of rent restoration is retroactive to the rent
payment date of the month following receipt by the tenant of the
owner's application to restore rent. In this case, the tenant was
mailed the owner's application on January 8, 1991. Thus, the
effective dated should be February 1, 1991.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
Docket Number: FD-110115-RO
ORDERED, that this petition be, and the same hereby is, granted, 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
|