Adm. Rev. Docket Number: FF 110079-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.: FF 110079 RO
SHEFA REALTY CORP., DRO DOCKET NOS.: EL 110093-OR/
ED 120330-S
PETITIONER
SUBJECT PREMISES:
110-21 73 Rd., Apt. No. 3M,
------------------------------------X Forest Hills, N.Y. 11375
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
IN PART AND MODIFYING ADMINISTRATOR'S ORDER
On June 7, 1991, the above-named owner filed a petition for
administrative review of an order issued on May 28, 1991 concerning
the 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
issue raised by the petition.
On December 11, 1990, the owner commenced this proceeding by filing
an application to restore rent based on the restoration of services.
In its answer filed on January 29, 1991, the tenant denied the
allegations set forth in the owner's application or otherwise
asserted that repairs had not been made or completed to the tenant's
satisfaction.
Thereafter on February 26, 1991, an inspection of the subject
apartment was conducted by a D.H.C.R. inspector who confirmed that
though certain services were found to be maintained, there is still
evidence that the master bathroom walls and ceilings and the other
bathroom walls and ceilings had been "repaired in an unworkmanlike
manner."
Based on said inspection, the Administrator partially restored the
legal rent on May 28, 1991 in the amount of $18.00 per month,
effective June 1, 1991, because there is "no evidence of cracks and
water stains on kitchen ceiling... no evidence of cracks on den
walls... no evidence of peeling paint and plaster on walls and
ceiling of closet and master bedroom." The Administrator advised
the owner "to refile for the remaining $16.00 when all services are
fully restored," i.e. including bathroom walls and ceiling and
master bathroom walls and ceiling "repaired in an unworkmanlike
manner."
In this petition, the owner states in substance that repairs have
been performed prior to the issuance of the Administrator's order,
i.e. on April 26, 1991.
In reply to the owner's petition, the tenant alleges that
Adm. Rev. Docket Number: FF 110079-RO
"(r)epeated efforts were made to complete the necessary work, but it
was not until April 26, 1991 that it was finally achieved."
The owner's petition is clear that repairs were made after the
inspection and prior to the issuance of the order appealed from.
Both the tenant and the owner agree that all services (including,
but not limited to, defective master bathroom walls and ceiling and
other defective bathroom walls and ceilings) have been restored as
of April 26, 1991.
Because Section 2202.2 of the Rent and Eviction Regulations provides
that "(n)o order increasing or decreasing a maximum rent previously
established pursuant to these regulations shall be effective prior
to the date on which the order is issued..." rent restoration for
all services dealt with by this order issued on May 28, 1991 is
effective June 1, 1991, as the Administrator has correctly pointed
out.
THEREFORE, in accordance with the Rent and Eviction Regulations, 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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