BA 110037 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.: BA 110037 RO
PARK HILL ASSOCIATES,
DRO DOCKET NO.: ZQ 3119561 S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On April 24, 1987 the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
March 20, 1987 by the Administrator, (Gertz Plaza) concerning
housing accommodations known as Apartment 4R, 42-45 Kissena
Boulevard Flushing, New York, wherein the Rent Administrator
determined that certain service was not being provided and as a
result reduced the rent of the subject apartment by $10.00 per
month. Said order was subsequently amended and the rent was
reduced to the level in effect prior to the last rent guideline
increase which commenced before the effective date of this order.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the administrative appeal.
In this petition the owner contends, in substance, that it was
not served with the tenant's service complaint concerning the
defective air conditioners; and that said tenant's service
complaint was previously denied by the Administrator.
In response to the owner's petition, the tenant notes, in
substance, that the owner had removed the two air conditioning
units from the apartment; and that the ($10.00) additional
charge for said items should not be reflected in her rent.
The Commissioner is of the opinion that this petition should be
granted.
A review of the record in the proceeding below discloses that the
tenant had filed an overcharge complaint and alleged that the
owner requested an additional increase of $10.00 for two
"defective" air conditioners. A copy of said overcharge
complaint was mailed to the owner. However, the owner was not
served with the herein tenant's service complaint. Accordingly,
the Commissioner finds that the Administrator's determination,
that the owner failed to maintain certain required services was
not warranted; and thus, the Administrator's order must be
BA 110037 RO
revoked.
This order is issued without prejudice to the tenant's filing an
application for a rent reduction for any decrease in services, if
the facts so warrant.
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, granted;
and that the order of the Rent Administrator be, and the same
hereby is, revoked.
NOTE: The tenant may pay any arrears in rent
resulting from this order in 24 equal monthly
installments.
ISSUED:
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ELLIOT SANDER
Deputy Commissioner
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