ADM. REVIEW DOCKET NO.: BF110312RO
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.:
BF110312RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
AH120580S
RICHARD ALBERT
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On June 15, 1987, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on May
27, 1987, by the Rent Administrator, concerning the housing
accommodation known as 93-41 222nd Street, Apartment 1A, Queens
Village, N.Y., wherein the Administrator reduced the rent by $4.00
per month upon the determination that services had not been
maintained.
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.
This proceeding was commenced by the filing of a complaint
of decrease in services and application for a rent reduction
alleging an inoperable intercom system in the tenant's apartment.
An inspection was made by a Division employee on November 3, 1986
which determined that the intercom was defective resulting in the
Administrator's order of May 27, 1987.
ADM. REVIEW DOCKET NO.: BF110312RO
In the PAR, the owner contends that it has been the finding of
this Division that the intercom is neither a required nor essential
service and that such finding is contained in an order issued
January 8, 1987 under Docket No. QCS000151-B.
The Commissioner is of the opinion that this petition should
be granted.
While the Administrator, in the cited docket, found that an
intercom is a required service for the subject building, the
Commissioner, under administrative review docket numbers
BB130149RT, BB130151RO, and BB130356RO, reversed such finding as
erroneous. The reduction for that service in the subject apartment
must be rescinded retroactively.
THEREFORE, in accordance with the provisions of the City Rent
Law and the Rent and Eviction Regulations, it is
ORDERED, that the subject rent be and the same hereby is
restored in the amount of $4.00 per month, effective the first rent
payment date after May 27, 1987, the day it was reduced, plus any
lawful increases to which the owner may be entitled.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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