BF 410256 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. BF 410256 RO
: DRO DOCKET NO.ZBC-510233-HW
ROVELL MANAGEMENT CORP.
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On June 16, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on May
29, 1987, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as 80
Edgecombe Avenue, New York, New York, Apartment No. 21.
The Administrative Appeal is being determined pursuant to the
provisions of Section 2523.4 of the Rent Stabilization Code.
The issue herein is whether the Rent Administrator's order
was warranted.
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 originally commenced on March 31, 1987 by
the filing of an Individual Tenant Statement of Complaint of a
Decrease in Services in which the tenant stated in substance that
there was inadequate heat and hot water.
The owner was served with a copy of the complaint but there
was no evidence in the file before the Rent ADministrator that the
owner had submitted an answer to the tenant's complaint.
In Order Number ZBC-510233-HW, the Rent Administrator
determined, based upon the owner's default, that there was
inadequate heat and hot water and reduced the rent to the level in
effect prior to the most recent guideline adjustment effective May
1, 1987.
In this petition, the owner alleges in substance that it did
file an answer to the tenant's complaint and that moreover the
tenant had filed a duplicate complaint alleging inadequate heat
and hot water under Docket Number ZBC-510214-HW. Further, the
owner alleges that a physical inspection was conducted at the
subject apartment on April 19, 1987, that such inspection
disclosed that there was adequate heat and hot water, and that on
BF 410256 RO
May 29, 1987 (same date as order appealed herein), the Rent
Administrator issued an order under Docket Number ZBC-510214-HW
denying the tenant's complaint on the basis of the April 19, 1987
physical inspection. Along with its petition, the owner submitted
a copy of its answer and a copy of the order issued under Docket
Number ZBC-510214-HW.
The Commissioner is of the opinion that this petition should
be granted.
Section 2523.4 of the Rent Stabilization Code provides in
pertinent part that a tenant may apply to the DHCR for a reduction
of the legal regulated rent to the level in effect prior to the
most recent guidelines adjustment, and the DHCR shall so reduce
the rent for the period for which it is found that the owner has
failed to maintain required services.
An examination of the record in this case discloses that the
owner is correct in its contention that it filed an answer to the
tenant's complaint. In addition an inspection held at the subject
apartment on April 19, 1987, revealed that there was adequate heat
and hot water in the subject apartment. Accordingly, the Rent
Administrator's order appealed herein finding that there was
inadequate heat and hot water and reducing the rent was not
warranted and must be revoked.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, granted, and, that the order of the Rent
Administrator be, and the same hereby is, revoked. The tenant may
pay any arrears in rent, if any, arising as a result of this order
in twelve equal monthly installments.
ISSUED
ELLIOT SANDER
Deputy Commissioner
BF 410256 RO
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