ADM. REVIEW DOCKET NO.: BC 610379 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 610379 RT
: (Refile of AL-620282-RT)
DRO ORDER NO.:
BC-000112 OR
LILLIE JOHNSON
PETITIONER :
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ORDER AND OPINION GRANTING TENANT'S PETITION FOR ADMINISTRATIVE
REVIEW, REVOKING RENT ADMINISTRATOR'S DETERMINATION, AND
REMANDING PROCEEDINGS FOR FURTHER CONSIDERATION
On March 3, 1987, the above-named tenant timely refiled and
perfected a Petition for Administrative Review (PAR) against an
order issued on November 19, 1986 by the Rent Administrator at
Gertz Plaza, Jamaica, New York, concerning the housing
accommodation known as 1384 Bristow Street, Apartment No. 1C,
Bronx, New York, wherein the Administrator determined the owner's
application to restore rent previously reduced in an order under
Docket Number 2T 968600-620.
The underlying rent reduction order (2T 968600-620) dated
May 28, 1980, reduced the tenant's rent by $2.00 based on finding
that the public hallways were stained and not cleaned, and that a
hole on the wall behind the kitchen sink was not plastered and
painted.
The owner's application requested that a $2.00 rent
reduction be restored based on a restoration of services. The
Administrator's order herein under appeal, restored the rent in
the amount of $8.00, per month effective December 1, 1986.
In the appeal the tenant points out the discrepancy between
the owner's application and the Administrator's order. The
tenant also disputes the Administrator's finding that the
services had been restored.
The applicable law is Section 2202.16 of the Rent and
Eviction Regulations.
Division records reflect that an $8.00 rent reduction was
granted on August 25, 1983 under Docket Number 2T 993420 for
certain service reductions, different from the $2.00 rent
reduction raised in the owner's request for rent restoration,
under consideration herein. The Administrator's grant of an
ADM. REVIEW DOCKET NO.: BC 610379 RT
$8.00 rent restoration was improper on its face and must be
revoked.
Moreover, the Administrator set forth no predicate for any
rent restoration. The matter is remanded to the Administrator
for further consideration of the owner's application to restore
rent previously reduced under Docket No. 2T 968600-620.
This order is also issued without prejudice to owner's right
to apply for restoration of rents reduced under Docket No. 2T
993420 ($8.00), predicated upon a restoration of services, if not
already done so.
THEREFORE, in accordance with the provisions of the City
Rent Control Law and the Rent and Eviction Regulations, it is
ORDERED, that the tenant's petition be and the same hereby
is granted, that the Administrator's order be revoked, and that
the proceedings be remanded to the Administrator for further
consideration.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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