BF 610204 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 610204 RO
: DRO DOCKET NO. ZAG-610678-S
ADBAR REALTY CO.
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW AND
MODIFYING RENT ADMINISTRATOR'S ORDER
On June 16, 1987, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on May
12, 1987, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
20007 Newbold Avenue, Bronx, New York, Apartment No. B-36, wherein
the Rent Administrator determined that the owner had failed to
maintain certain services and accordingly reduced the rent of the
subject apartment.
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 by the filing in
July 1986 of a tenant's statement of complaint in which the tenant
stated in substance that certain services were not being
maintained.
The owner was sent a copy of the tenant's complaint on
December 9, 1986 and afforded an opportunity to answer. There is
no record that the owner filed a response to the tenant's
complaint.
In Order Number ZAG-610678-S, the Rent Administrator
determined that , based on a physical inspection, certain services
(enumerated in the order) were not being maintained and reduced
the rent to the level in effect prior to the most recent guideline
adjustment effective January 1, 1987.
In this petition, the owner alleges in substance that the
order should be revoked because the Rent Administrator failed to
BF 610204 RO
give the owner notice of the results of any inspections conducted
at the subject apartment.
The Commissioner is of the opinion that this petition should
be denied and the Rent Administrator's order modified.
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.
In the instant case, the record discloses that the owner was
served with a copy of the tenant's complaint on December 9, 1986
and informed that a failure to respond would be considered a
default and would result in a determination based on the record
currently before the DHCR. The owner failed to submit an answer
and the Rent Administrator was correct in reducing the rent
without a physical inspection based on the owner's default.
However the Rent Administrator's order is hereby modified to show
that the rent reduction is based on the owner's failure to answer
the tenant's complaint rather than upon a physical inspection. In
all other respects, the Rent Administrator's order is affirmed.
It is noted that the owner filed a rent restoration
application which was granted on June 30, 1988 under docket number
BX-610168-OR.
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, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED
ELLIOT SANDER
Deputy Commissioner
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BF 610204 RO
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