STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW,
AND AFFIRMING RENT ADMINISTRATOR'S ORDER AS MODIFIED
The above-named tenant filed a timely petition for administrative
review (PAR) of an order issued on February 22, 1992, concerning
the housing accommodations known as 45 Tiemann Place, Apartment
2-O, New York, New York, wherein the Rent Administrator determined
the owner's application to restore rent previously reduced for rent
controlled tenants only per Docket No. BJ410032B.
The Rent Administrator partially restored the rent for rent con-
trolled tenants by $4.00 per month, effective March 1, 1992, based
on a finding that the owner had repaired the cracked lobby floor
tiles and marble entrance door saddle.
On appeal, the tenant asserts that the $4.00 rent reduction was
erroneous as the November 2, 1988 order per Docket No. BJ410032B,
did not decrease the tenant's rent.
The underlying rent reduction order reduced the rents of controlled
tenants only. The petitioner tenant is rent stabilized. Therefore,
the rent restoration order did not affect the tenant's rent.
The order restoring rent further provided that the owner could
refile for rent restoration for the rent stabilized tenants and for
the remaining $2.00 rent reduction for rent controlled tenants when
repairs of the cracked sidewalk were completed.
It is noted, however, that the Rent Administrator's order per
Docket No. BJ420032B had found that rent reductions were not war-
ranted for stabilized tenants.
The rent restoration order is amended to reflect that rent
restoration for stabilized tenants was not necessary as there had
been no underlying rent reduction. That part of the restoration
order that found that rent restoration was not warranted for
stabilized tenants because some repairs remained to be completed is
THEREFORE, in accordance with the Rent & Eviction Regulations for
New York City, and the City Rent Control Law, and the Rent Stabili-
zation Law and Code, it is
ORDERED, that the tenant's petition be, and the same hereby is,
denied, and that the Rent Administrator's order be affirmed, as
JOSEPH A. D'AGOSTA