BF 610182 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
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: BF 610182 RO
FIELDSTON ASSOCIATES, INC. DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: AG 620844 S
PETITIONER
----------------------------------x
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On June 5, 1987 the above named petitioner-tenant
timely refiled a Petition for Administrative Review against an
order of the Rent Administrator issued March 11, 1987. The order
concerned housing accommodations known as Apt. 3K located at 3600
Fieldston Road, Bronx, N.Y. wherein the Administrator ordered a
rent reduction for failure to maintain required or essential
services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding on July 21, 1986 by
filing a Statement of Complaint alleging decreased services. The
complaint was served on the owner and an opportunity was given to
respond thereto. The owner did file a response on September 4,
1986 wherein it stated that all repairs had been made. A letter
from the painting/repairman of the subject building was attached
to the response. He stated that he had offered to make repairs
to the apartment but that the tenant did not make a definite
appointment and, in fact, had cancelled several prior
appointments.
The inspector contacted the tenant on November 20, 1986.
The tenant stated that all repairs had been made. The inspector
concluded that no inspection was required.
The Administrator, however, ordered a $25.00 rent
reduction
based on defects within the apartment. This action was error.
Based on the inspector's report, the complaint should have been
terminated and/or dismissed. Therefore, the Commissioner is of
the opinion that this petition should be granted and the order
here under review revoked.
If the current owner has complied with the order here under
review by reducing the rent and arrears are due and owing by
reason of the present determination, the tenant may pay off said
arrears in twenty four (24) equal monthly installments. Should
the tenant vacate the apartment or have previously vacated, the
arrears are due and payable immediately.
THEREFORE, pursuant to the Rent and Eviction Regulations for
New York City, it is
ORDERED, that this petition be, and the same hereby is,
granted, and that the Rent Administrator's order be, and the same
hereby is, revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
|