BC 110215 RT
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.: BC 110215 RT
IRWIN SHERMAN,
DRO ORDER NO.: Q-000369-OR
OWNER: GRENADIER REALTY
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 20, 1987 the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on
February 18, 1987, by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York concerning housing accommodations known
as Apartment 2C24-2, 245-64 77th Crescent, Bellerose, New York,
wherein the Rent Administrator determined that the rent which had
been reduced on September 16, 1985 under Docket Number QS-000431
HH should be restored based on a statement by the tenant that the
complained of services had been restored to the subject
apartment.
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 tenant contends that the Rent
Administrator's rent restoration order is incorrect and should be
modified.
The tenant admits telling a staff member of the Division's
Compliance Unit on January 14, 1986 that the owner had complied
with the September 16, 1985 order which had directed the owner to
restore heat service to the subject apartment. However, the
tenant states that on April 15, 1986 he notified the Division
that the heat problem had resumed, necessitating daily bleeding
of the radiator in order to receive any heat and that this
condition continued until November of 1986. Since that date the
heat has been adequate as acknowledged by the tenant in a January
21, 1987 response to the Division's January 14, 1987 request for
further information.
In answer to this petition, the owner contends that the order
should be upheld because the tenant is receiving all required
services
The Commissioner is of the opinion that this petition should be
BC 110215 RT
denied.
The September 16, 1985 Order (QS 000431 HH) reduced the rent
effective August 1, 1985. The February 18, 1987 Order being
appealed restored the rent effective March 1, 1987.
Accordingly, the tenant's rent was even reduced during the period
(January, 1986 to April, 1986) when the tenant was receiving full
heat services.
The order being appealed was issued one month after the tenant's
January 1987 acknowledgment that heat had been restored and the
tenant states in his petition that at the time of filing the
petition the heat was adequate.
Taking into consideration the entire history of this matter, the
Commissioner does not believe it appropriate to supercede the
Administrator's order.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, denied
and the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
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ELLIOT SANDER
Deputy Commissioner
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