HC430070RT
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.: HC430070RT
Jean Galtrof RENT ADMINISTRATOR'S
DOCKET NO.: FL430163OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 1, 1993, the above-named petitioner filed a Petition
for Administrative Review of an order issued on January, 29, 1993
by the Rent Administrator, 92-31 Union Hall Street, Jamaica, NY,
concerning the housing accommodation known as 26 West 74 St. Apt.
2A, New York, NY, wherein the Administrator granted the owner's
rent restoration application.
The issue in this appeal is whether the Administrator's order
was warranted.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised by the administrative appeal.
This proceeding was commenced on November 25, 1991 by the
owner filing an application for restoration of rent that has been
reduced in an order issued on April 17, 1989 under Docket No.
CE430024B.
On January 10, 1992 the Division sent the tenants a copy of
the owner's restoration application and afforded them an
opportunity to respond.
Several tenants submitted answers conceding that conditions
for which the rent had been reduced were now restored.
The Administrator's record also contains this petitioner's
response, dated January 31, 1992, however it does not address the
merit's of the owner's rent restoration application.
HC430070RT
On January, 29, 1993, the Administrator issued the order
hereunder review, granting the rent restoration application.
In her petition for administrative review the tenant contends
that she was not served with a copy of the owner's application for
restoration of rent.
The Commissioner is of the opinion that the tenant's petition
should be denied.
The Commissioner notes that the division served a copy of the
restoration application on the tenants and the Administrator's
record does contain a response from said tenant. Therefore, this
tenant's contention of not being served with the application is
belied by the Administrator's record.
THEREFORE, in accordance with the Rent and Evictions
Regulations of New York City, it is
ORDERED, that this petition be, and the same hereby is, denied
and the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
___________________
Joseph A. D'Agosta
Deputy Commissioner
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