DHCR Decisions
CH110086RO
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.: CH110086RO
KANSAS LEASING CORPORATION RENT ADMINISTRATOR'S
DOCKET NO.: CA110118OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on August 2, 1988, concerning the housing
accommodations known as 134-20 87th Avenue, Apartment #6E, Queens,
New York, wherein the Rent Administrator determined the owner's
application to restore rent previously reduce per Docket No.
BB110116S.
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.
The owner commenced the proceedings by filing a rent restoration
application, received by the Rent Administrator on January 19,
1988, and served on the tenant on March 1, 1988.
Based on the results of a DHCR inspection and the tenant's
statement confirming the owner's claim of repairs, the Rent
Administrator issued an order on August 2, 1988 granting the owner
a rent restoration, effective April 1, 1988, the first day of the
month following service of the application on the tenant.
In the petition for administrative review the owner contends that
the rent restoration should have been effective February 1, 1988,
the first day of the month following the filing of the owner's
application to restore rent, rather than April 1, 1988.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Section 2522.2 of the Rent Stabilization Code state that "The legal
regulated rent shall be adjusted effective the first rent payment
date occurring 30 days after the filing of the application, unless
otherwise set forth in the order....."
CH110086RO
The Rent Administrator properly restored the rent effective April
1, 1988, which was the first rent payment day after DHCR informed
the tenant of the owner's application, in accordance with DHCR
policy and practice to provide the tenant the due process notice of
the owner's application to which the tenant is entitled.
In this regard, the underlying rent reduction order also followed
similar DHCR policy and practice. The effective date of the
underlying rent reduction was the first rent payment day after DHCR
informed the owner of the tenant's complaint.
THEREFORE, in accordance with the Rent Stabilization Law & Code it
is,
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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