IB110023RK
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.: IB110023RK
ROOSEVELT MEWS ASSOCIATES RENT
ADMINISTRATOR'S DOCKET
NO.: CE110003OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING ADMINISTRATOR'S ORDER AFTER REOPENING
On December 7, 1988 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued November 25, 1988. The order concerned housing
accommodations known as Apt. E located at 147-11 Roosevelt Ave.,
Flushing, N.Y. The Administrator denied the owner's rent
restoration application.
The Commissioner issued an order and opinion on December 22,
1993 granting the owner's petition, revoking the Administrator's
order and ordering rent restoration for the tenant effective June
1, 1988. The tenant then requested that the Commissioner
reconsider this order, stating that it was erroneous to order rent
restoration when other rent reduction orders (Docket Nos. AC110659S
and GB110411S) are outstanding and that rent should not have been
restored until all the conditions cited in these other rent
reduction orders are corrected and the owner's rent restoration
applications are granted. On February 24, 1994 the Commissioner
ordered this proceeding reopened.
The Commissioner has again reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The Commissioner's December 22, 1993 order granting the
owner's petition correctly revoked the Rent Administrator's order
and granted the owner's rent restoration application effective June
1, 1988. However, the order omitted the statement that "the rent
is restored to the level in effect prior to the rent reduction
order plus all subsequent increases." If there are other rent
reduction orders in effect, there are no lawful rent increases
until the owner applies for and is granted rent restoration for
IB110023RK
those proceedings as well. Moreover, every rent reduction order
issued by the Division clearly states that an owner may not apply
for or collect any rent increases until the services listed on that
order are restored. An order granting an owner's restoration
application in one proceeding does not supersede or contradict a
rent reduction ordered in another proceeding. It is therefore
ordered that the Administrator's order appealed herein be revoked
and that rent restoration is ordered effective June 1, 1988. The
owner may not collect the restored rent until rent restoration has
been granted in all other outstanding rent reduction proceedings
for this apartment.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that this petition be, and the same hereby is,
granted, that the Rent Administrator's order be, and the same
hereby is, revoked, and that owner's rent restoration application
be, and the same hereby is, granted and the rent is ordered
restored to the level in effect prior to the rent reduction order
plus subsequent lawful increases, if any, effective June 1, 1988.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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