STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: ARL11647Q
Richard Albert RENT ADMINISTRATOR'S
DOCKET NO.: AA110713S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 8, 1986, the above-name petitioner-owner filed a petition for
administrative review (PAR) of an order issued on June 23, 1986, by the
Rent Administrator, concerning the housing accommodation known as 93-49
222 Street, Queens Village, New York wherein the Administrator reduced
the tenant's rent upon a finding of a decrease in 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.
This proceeding was commenced by the filing of a complaint on December
28, 1985 which alleged that the bedroom radiator was leaking extensively
and rotted the floorboard. The owner was served with a copy of the
tenant's complaint on April 10, 1986 and failed to respond resulting in
the issuance of the June 23, 1986 order finding a decrease in services
and reducing the rent.
In the PAR, the owner contends, among other things, that the radiator was
repaired on April 29, 1986, that the floor has water stains but is
otherwise in sound condition and there is no evidence of rotting. In
addition the owner states that this tenant has signed multiple complaints
in an effort to harass the owner.
The Commissioner is of the opinion that the petition should be denied.
A review of the record reveals that the owner did not respond when served
with a copy of the tenant's complaint.
Accordingly, the Commissioner finds that sufficient evidence does exist
to support the Administrator's finding and that the Administrator's order
was correct when issued. However, since the tenant advised the Division
in a compliance proceeding in October 1986, that the radiator had been
repaired and an inspection in November 1986 revealed no defect in the
floorboards, the rent is restored effective December 1, 1986.
Any arrears due the owner as a result of this order may be paid in 6
equal monthly installments.
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted and the
Rent Administrator's order be, and the same hereby is, revoked.
Joseph A. D'Agosta