Adm. Rev. Docket No: FE 110188-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.: FE 110188-RO
:
RICHARD ALBERT, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: EJ 110126-OR/
PETITIONER : DE 110479-S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 13, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on April 23, 1991
concerning t e housing accommodations relating to the above-
described docket number.
The Administrative Appeal is being determined pursuant to the
provision of Section 2520.6(r) and 2523.4 of the Rent Stabilization
Code.
The issue herein is whether the effective date of the restoration
order is correct.
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 October 18, 1990, the owner commenced this proceeding by filing
an application to restore rent based on the restoration of services.
The tenant was informed of the owner's application on November 1,
1990. Though duly notified to do so, the tenant failed to respond.
Although a March 5, 1991 inspection found defective bell and buzzer
and evidence of roaches in the subject apartment, it appears from
other DHCR records, particularly under Docket Nos. BB-130149-RT et
al. and ZQCS000151-B, that the matter of bell and buzzer is not a
required/essential service for subject building and that
extermination service is being provided to the tenant upon request.
Thus, the Administrator issued this order appealed from, granting
the owner's application and restoring rent effective December 1,
1990.
In this petition, the owner contends that this order restoring rent
effective December 1, 1990 should be revised to have the effective
date back to the date of the original reduction order, i.e. July 1,
1989.
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
In a rent stabilized apartment, the effective date of a rent
Adm. Rev. Docket No: FE 110188-RO
restoration order is on the month following the date when the tenant
was served the owner's application. In this case, the tenant was
mailed the owner's application on November 1, 1990. Accordingly,
the Administrator properly determined the effective date to be
December 1, 1990.
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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