ADM. REVIEW DOCKET NO.: BB-210029 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.:
BB-210029 RO
:
DRO ORDER NO.:
AF 210178-S
ABRAM LANDAU,
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
IN PART
On February 17, 1987, the above-named petitioner owner filed
a Petition for Administrative Review (PAR) against an order
issued on January 29, 1987, by the Rent Administrator at Gertz
Plaza, Jamaica, New York, concerning the housing accommodation
known as 209 Avenue P, Apartment No. 9, Brooklyn, New York,
wherein the Administrator determined the tenant's complaint of
defective windows.
Inspections conducted on August l2 and August 20, 1986
confirmed the defective windows throughout the apartment.
On September 16, 1986, the owner advised the Administrator
that it was in the process f installing new windows-building-
wide. In support, the owner submitted a copy of a signed windows
installation contract, dated September 9, 1986. Nevertheless,
on January 29, 1987, the Administrator issued an order reducing
the rent of the subject apartment to the level in effect prior
to the last rent guidelines increase commencing before the
effective date of the order, July 1, 1986.
On appeal, the owner argues that the rent decrease was not
appropriate as the owner was in the process of installing new
windows. A copy of the invoice from the window installation
contractor dated September 9, 1986 and reflecting partial payment
is submitted. The tenant was served with a copy of the owner's
administrative appeal, but did not respond.
The applicable law is Section 2523.4 of the Rent
ADM. REVIEW DOCKET NO.: BB-210029 RO
Stabilization Code.
The record to date reveals that the owner filed a timely
response that the problems had been or were in the process of
being eliminated. At the very least, the owner's response
warranted further fact-finding at the time to ascertain whether
the window installations had been completed. Further fact-
finding at this time, would not be practical. Based on the
record presented, as well as the fact that the tenant did not
dispute the owner's appeal, the Administrator's order is amended
to permit the rent reduction to terminate on September 30, 1986,
the last date in the month the owner's evidence establishes that
windows were replaced.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the owner's petition be, and the same hereby
is, granted in part, and that the Administrator's order be, and
the same hereby is, amended to reflect a rent reduction for the
period from July 1, 1986 through September 30, 1986, inclusive.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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