ARL 10784-L
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
-----------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: ARL 10784-L
Ten Square Properties DISTRICT RENT ADMINISTRATOR
c/o Eleanor Vale DOCKET NO.: ZLS 000184 HH
PETITIONER
-----------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 12, 1986 the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on May
9, 1986 by the Rent Administrator, (Gertz Plaza) concerning
housing accommodations known as Apartment 5W, 273 East 3rd
Street, New York, New York, wherein the Administrator reduced the
rent of the subject apartment for one month, based on the owner's
failure to provide adequate heat and hot water services.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issue raised by the administrative appeal.
In its petition, the owner asserts in relevant part, that it has
taken legal action against the tenant for non-payment of rent;
and that the rent reduction order should be stayed until a
decision is reached by the court.
The Commissioner is of the opinion that this petition should be
denied.
The Commissioner is of the opinion and finds that the
Administrator properly determined that the owner had failed to
provide adequate heat and hot water services based on DHCR's
inspectorial staff report; and that the Administrator properly
reduced the tenant's rent (for a one month period) on account
thereof.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied;
and that the Administrator's order be, and the same hereby is
affirmed.
ISSUED:
ARL 10784-L
ELLIOT SANDER
Deputy Commissioner
|