ADM. REVIEW DOCKET NO.: BE110128RO
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.:
BE110128RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
AG120024S
RICHARD ALBERT
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On May 13, 1987, the above-named petitioner-owner filed a
petition for administrative review of an order issued on April 30,
1987, by the Rent Administrator, concerning the housing
accommodation known as Apartment 5H, 94-05 222nd Street, Queens
Village, NY 11428, wherein the Administrator determined that there
were defective windows throughout the apartment and as a result
reduced the rent by $12.00 per month.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
ADM. REVIEW DOCKET NO.: BE110128RO
This proceeding was commenced by the filing of a complaint on
July 11, 1986 alleging a decrease in apartment services. In
response to the tenant's complaint the owner advised that the
complaint is a duplicate of a previous complaint filed by the same
tenant under Docket # AD120797S. After an inspection conducted on
October 16, 1986 by a Division employee, the Administrator issued
the April 30, 1987 order reducing the rent.
The Commissioner is of the opinion that the petition should be
granted.
A review of the record contained in Docket #AD120797S shows
that on February 27, 1987 the administrator issued an order
reducing this tenant's rent by $16.00 for the same conditions as
cited in the order here under review. The Administrator, on notice
by the owner of the duplicate complaints, erred in issuing the
order of April 30, 1987.
Accordingly, the Commissioner finds that the administrator
erred in reducing the tenant's rent by $12.00 per month.
THEREFORE, in accordance with the provisions of the City Rent
Control Law and the Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is granted
and that the Administrator's order be, and the same hereby is
revoked. Any arrears owed the owner by the tenant as a result of
this order may be paid in installments of $12.00 per month until
all arrears are repaid.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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