DOCKET NO. BF-610093-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. BF-610093-RT
:
MIRIAM Q. SABATEL, : DISTRICT RENT ADMINISTRATOR'S
: DOCKET NO. B-006269-R
:
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 25, 1987, the above-named tenant filed a petition for
administrative review of an order issued on May 20, 1987 by a
District Rent Administrator, concerning the housing
accommodations known as Apartment 2-A, 1259 White Plains Road,
Bronx, New York, wherein the Rent Administrator terminated the
tenant's complaint.
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.
This proceeding was commenced by the filing of a rent overcharge
complaint by the tenant, dated September 19, 1985. The basis of
the overcharge complaint was that the Division of Housing and
Community Renewal (DHCR) under Docket No. BS000914S (affirmed in
ARL 01831-B) found a reduction in services, and ordered the
tenant's rent to be reduced to the level in effect prior to the
last rent guideline increase which commenced before the effective
date of that order.
The rent reduction was effective October 1, 1984. However, the tenant
alleged that the owner was still charging her the rent
that was in effect prior to D.H.C.R's order (Docket No. BS000914S).
In the owner's answer it was alleged that the tenant's overcharge
complaint was without merit, because the owner did not accept or
collect rent since February 1985.
In the order here under review the Rent Administrator terminated
the tenant's complaint stating that: "Order number BS000914-S
states the remedies available to the tenant in the event that the
owner fails to comply with that order."
In the tenant's petition for administrative review she asserts that
the owner is not cashing her rent check and that the owner is not
complying with the provisions of D.H.C.R. Order No. BS000914-S by
not effectuating repairs listed in the above-mentioned order
After careful consideration, the Commissioner is of the opinion that
this petition should be denied.
The issues raised in the tenant's petition are not related to the
overcharge complaint instituted in this proceeding.
As to the issue of the owner's refusal to accept the tenant's rent
check, the tenant may file a harassment complaint with the
Enforcement Section of D.H.C.R.
As to the issue of the owner's not effectuating repairs, pursuant to
Docket No. BS000914-S, the Commissioner notes that this matter will
be referred to the Compliance Section of D.H.C.R. for appropriate
action.
Accordingly, the Commissioner finds that the Administrator's
decision should be affirmed.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, denied; and
that the Administrator's order be, and the same hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
ADMINISTRATIVE REVIEW BUREAU
COVERING MEMORANDUM
ARB Docket No.: BF-610093-RT
DRO Docket No/Order No.: B-006269-R
Tenant(s): MIRIAM Q. SABATEL
Owner: ARTHUR CANAL
Code Section:
Premises: 1259 WHITE PLAINS ROAD, BRONX, NY, APARTMENT 2-A
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
Tenant filed overcharge complaint based upon a prior rent
reduction order. Administrator denied the complaint based on the
fact that the tenant's remedies were specified in the
above-mentioned order. Commissioner affirmed the Administrator's
order on the ground that the petition did not relate to the
overcharge complaint.
APPROVED:
Processing Attorney:
Supervising Attorney:
Bureau Chief:
Deputy Counsel:
Deputy Commissioner:
Mailed copies of Order and Determination to:
Tenant(s)
Owner
Tenant's Atty.
Owner's Atty.
Date: : by
signature
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