DOCKET NO.: AL 220716 RO
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. AL 220716 RO
Mordland Associates DISTRICT RENT
ADMINISTRATOR'S
PETITIONER DOCKET NO. AC 6205175 S
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On December 17, 1986, the above-named owner filed a petition
for administrative review of an order issued on November 18, 1986
by a District Rent Administrator concerning the housing
accommodations known as Apt. 6F, 2191 Bolton Street, Bronx, N.Y.
10462.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised administrative appeal
This proceeding was originally commmenced by the tenant
filing a complaint of rent overcharge. The tenant took occupancy
pursuant to a lease commencing June 1, 1977 at a monthly rent of
$235.00.
In Order Number CDR 19,333, the Rent Administrator
established the lawful stabilized rent based on the prior owner's
failure to submit a complete rental history for the subject
apartment and directed a refund of $4,133.47, including interest
on overcharges collected after April 1, 1984, to the tenant.
In this petition, the owner contends, in substance that it a
complete rental history was not available because the subject
premises was purchased by the prior owner in a forclosure
proceeding. With the petition, the owner submits rent records
for the subject apartment dating from June 1, necessary work.
The Commissioner is of the opinion that this petition should
be denied.
DOCKET NO.: AL 220716 RO
The record reveals that the subject tenant's rent was
previously reduced under Docket No. BC 003462 S for a cracked and
peeling foyer wall and the water-stained livingroom wall. The
Commissioner is therefore of the opinion that so much of the
order under review as reduced the rent by $7.00 for a cracked and
peeling foyer wall and a water-stained livingroom wall should be
revoked.
The Commissioner notes that as regards the rent reduction
for the foyer and livingroom walls, the landlord filed an
application for rent restoration, and that this application was
granted by order dated September 10, 1987 under Docket No. BB
620089 OR. The maximum legal rent was restored by $8.00 per
month to reflect a finding that those services for which the rent
had previously been reduced under Docket No. BC 003462 S. were
restored. The instant determination is no additive, but merely
modifies the rent reduction effective on December 1, 1986 so as
to provide for a reduction of $4.00 per month rather than $11.00
per month.
THEREFORE, in accordance with the City Rent and
Rehabilitation Law and the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is,
granted, and that the order issued by the District Rent
Administrator on November 18, 1986 under Docket No. AC 620517 S
be, and the same hereby is, modified, in that so much of that
order as reduced the rent by $7.00 per month for a cracked and
peeling foyer wall and water-stained livingroom wall be, and the
same hereby is, eliminated, and that, except as so modified, said
order of the District Rent Administrator be, and the same hereby
is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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