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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
APPEALS OF DOCKET NO.:
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350 EAST 62ND STREET ASSOCIATES,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BC 410089-S
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART
On August 6, 1987, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on July 3, 1987,
by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
350 East 62nd Street, New York, New York, Apartment 3-G.
The issue herein is whether the District Rent Administrator
properly reduced the rent of the subject apartment based upon a
reduction of repairs and services.
The District Rent Administrator's order, appealed herein, found
that a diminution of services had occurred and reduced the rent
to the level in effect prior to the last rent guideline increase
which commenced before the effective date of the order. The
order was based upon the findings of an inspection held by the
Division of Housing and Community Renewal (DHCR) on May 21, 1987.
On appeal, the petitioner-owner contended that in December, 1985,
tenants in the subject building were notified, in writing, that a
new managing agent (Mt. Pleasant Management Company) was being
appointed effective January 1, 1986; th t Eichner-Leeds Manage-
ment Company was being discharged; that rent checks should be
mailed to the Beekman Estate; that the tenant's complaint
misidentified the owner and as a consequence thereof, the owner
was never made aware of the pendency of the tenant's complaint,
until after the issuance of the District Rent Administrator's
order; thus depriving it of an opportunity to respond below.
Additionally, the owner asserted that it never received prior
notice of the complaints or conditions alleged in the tenant's
complaint.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be granted in part.
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The tenant initiated this proceeding by filing an Individual
Tenant Statement of Complaint of Decrease in Services on March
25, 1987.
The owner's mailing address shown on the tenant's complaint form
is:
Beekman Estates/
350 East 62nd Street Associates
The record shows that on April 13, 1987 the Notice and Trans-
mittal of Tenant's Complaint was mailed to Beekman Estates, 350
East 62nd Street Associates, New York, New York 10021, n incom-
plete address. No answer to the complaint was received.
The Division's records also reveal that the registered owner of
the premises at the time the complaint was served was:
350 East 62nd St. Associates
c/o Mt. Pleasant Management Corp.
855 Lexington Avenue
New York, New York 10021
Since the owner was not properly served with the tenant's com-
plaint, the Commissioner finds that the owner was deprived of
notice of the proceeding and had no opportunity to interpose an
answer. However, since the owner did receive the Administrator's
order and filed a timely PAR thereto, the Commissioner is of the
opinion that upon issuance of the order, the owner had knowledge
of the conditions complained of and an opportunity to repair and
the rent reduction should be effective the first of the month
following the issuance of the Administrator's order.
It is also noted that a subsequent restoration application filed
by the owner (Docket No. 410033-OR) was denied on July 18, 1990
after a physical inspection indicating that the repairs have not
been made and that the rent reduction is still in effect. The
owner may file another such application when all repairs are
actually completed.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is, granted
in part and the Administrator's order be, and the same hereby is,
modified such that the effective date of the rent reduction is
August 1, 1987.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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