Adm. Review Docket Number: FD 220236-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 220236-RO
:
JONATHAN REALTY CO./ DISTRICT RENT ADMINISTRATOR'S
ARTHUR WEINER, : DOCKET NOS.: EI 220089-OR/
CL 220163-S
PETITIONER :
------------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING ADMINISTRATOR'S ORDER
On April 19, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on March 15, 1991
concerning t e housing accommodations relating to the above-
described docket number.
The issue here is whether the effective date of the rent restoration
order is proper.
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.
The order appealed from grants the application to restore rent based
on restoration of services and effects the restoration of legal rent
on November 10, 1991.
In this petition, the owner contends that "per DHCR's Policy
Statement 89-1 (Failure to Maintain Services Rent
Reduction/Restoration), the last paragraph clearly states the
retroactive date is the first of the month following the date of
service on the tenant of the owner's application to restore rent.
The order states November 10, 1990 and should read November 1,
1990."
After careful consideration, the Commissioner is of the opinion that
the petition should be granted.
The owner's contention is correct in law and in fact. Because the
tenant was mailed the owner's application to restore rent on October
19, 1990, the correct effective date of rent restoration when
granted should be November 1, 1990, the rent payment date of the
month following the date when the tenant was served the owner's
application to restore rent.
Adm. Review Docket Number: FD 220236-RO
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 District Rent Administrator's order be, and the same hereby
is, modified in accordance with this Order and Opinion.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
|