ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: BA 210068-RO
DRO Docket No/Order No.: ZKS 003751-S
Tenant(s): Carmen Rodriquez
Owner: Frank Markiewicz
Code Section:
Premises: 584 Morgan Avenue, Brooklyn, N.Y., Apartment 4R
Order and Opinion Granting Petition for Administrative Review in Part
Administration ordered rent reduction for decreased services.
Owner argued:
1- tenant not legal tenant and
2- problem corrected.
Petition granted. Rent restored as of February 1, 1987.
APPROVED:
Processing Attorney:
Supervising Attorney:
Bureau Chief:
Deputy Counsel:
Deputy Commissioner:
Mailed copies of Order and Determination to:
Tenant(s)
Owner
Tenant's Atty.
Owner's Atty.
Date: : By
` Signature
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
DOCKET NUMBER: BA 210068-RO
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: BA 210068-RO
FRANK MARKIEWICZ, DRO DOCKET NO.: ZKS003751-S
PETITIONER
-------------------------------------X
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN PART
The above named petitioner owner filed a petition for
Administrative Review against an order at the Rent Administrator
92-31 Union Hall Street Jamaica, N.Y. The order concerned housing
accommodations known as Apartment 4-R located at 584 Morgan Avenue
Brooklyn N.Y. The Administrator ordered a rent reduction in the
stabilized rent due to windows in need of repair, leaks in the
bedroom, dining room living room, kitchen and foyer ceilings and a
defective roof. The order was based on a physical inspection
conducted July 17, l986.
The tenant filed her complaint November 8, l985. She alleged
eight service problems. The landlord answered and , in summary,
denied the allegations. On appeal, the landlord argues
1) That the tenant was not the legal tenant in the
apartment and
2) That the problems have been corrected.
In her answer to the petition, the tenant made no mention of her
legal status and corroborated the petitioners assertions that the
deficiencies were corrected.
After careful review of the evidence in the record, the
Commissioner grants in part the petition. Since both the owner
and tenant agree that the services have been restored, the rent is
hereby restored as of February 1, 1987, the first day of the
month following the owner's filing of the petition (January 14,
1987).
DOCKET NO.: BA 210068-RO
The owner is directed to allow the tenant to pay off arrears
resulting from this Order and Opinion in twelve equal monthly
installments. Should the tenant vacate the apartment or have
previously vacated, said arrears shall be due and payable
immediately.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, granted
in part and that the order of the Rent Administrator be, and the
DOCKET NUMBER: BA 210068-RO
same hereby is, modified in accordance with the order and
opinion.
ISSUED:
_________________________
ELLIOT SANDER
Deputy Commissioner
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