GF130160RT
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.: GF130160RT
F. BURTIS, TENANT REPRESENTATIVE RENT
ADMINISTRATOR'S DOCKET
NO.: FI130063OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 15, 1992 the above named petitioner-tenant
representative filed a Petition for Administrative Review against
an order of the Rent Administrator issued May 26, 1992. The order
concerned various housing accommodations located at 40-66 Ithaca
Street, Elmhurst, N.Y. The Administrator issued an order restoring
the rent of the tenants based on a finding that certain building-
wide services had been restored. The DHCR has been ordered by the
Supreme Court, Queens County to issue a determination of this
administrative appeal no later than April 5, 1993.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The owner commenced this proceeding by filing an Application
for Rent Restoration on August 12, 1991 stating that services for
which a rent reduction order had been issued by the Administrator
(Docket No. DK130083B) had been restored.
The tenants were served with a copy of the application and
afforded an opportunity to respond. The tenants association filed
a response on October 9, 1991 and, in sum, stated that services had
not been restored. Two individual tenants filed responses to the
same effect.
The Administrator ordered a physical inspection of the subject
building. Inspections were conducted on April 2 and 3, 1992 and
revealed that the elevator was functioning properly and that there
is no evidence of garbage accumulation in the basement. The
Commissioner notes that these two conditions formed the sole basis
for the rent reduction ordered by the Administrator.
GF130160RT
The Administrator issued the order here under review on May
26, 1992. The rents of rent controlled tenants were ordered
restored by $9.00 per month effective June 1, 1992. The rents of
rent stabilized tenants were ordered restored effective November 1,
1991.
On appeal the tenant representative states that the laundry
room has not been accessible to tenants and that this point was
overlooked by the Administrator. The representative also states
that the elevator was fixed in April, 1992 and that the effective
date for rent restoration should have been April 1, 1992.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The argument relating to access to the laundry room has no
relevance to the order here under review. This rent restoration
order dealt solely and properly with the issues of the basement and
the elevators. The tenants' statements regarding the
Administrator's alleged failure to address the laundry room issue
constitutes an impermissible collateral attack on the rent
reduction order. Since the tenants did not appeal said order they
cannot raise issues regarding access to the laundry room in this
rent restoration proceeding. The tenants may file a new complaint
regarding access to the laundry room if the facts so warrant.
With regard to the issue of the effective date of rent
restoration ordered by the Administrator, the Commissioner notes
that it is the policy of the DHCR to order rent restoration for
rent stabilized tenants effective the first rent payment date
following service of the application on the tenants. For rent
controlled tenants, the proper effective date is the first rent
payment date following issuance of the order restoring rent. The
Commissioner finds that the Administrator correctly stated the
effective date of rent restoration for the rent regulated tenants
of the subject building, The order here under review is affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Rent and Eviction Regulations for New York City it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Rent Administrator's order be, and the same
GF130160RT
hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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