STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: BC 110563-RO
DRO DOCKET NO.: ZKCS 000366-B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner timely refiled a petition for Administrative Review
against an order issued on January 6, 1987 by the Administrator, (Gertz
Plaza) concerning housing accommodations known as Apartment 4A, 37-61 80th
Street, Jackson Heights, New York, wherein the Administrator determined
that the owner had failed to maintain certain services and as a result
reduced the rent of the subject apartment.
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.
On appeal the owner does not question the propriety of the Administrator's
finding but seeking a restoration of rent.
The Commissioner is of the opinion that this petition should be denied.
In the instant case, a review of the record which includes the results of
a physical inspection of the subject apartment reveals that the owner
failed to maintain services. Accordingly, the Commissioner finds that the
District Rent Administrator's determination that the owner failed to
maintain services was warranted; and that the Administrator properly
reduced the tenant's rent.
The order and opinion is issued without prejudice to the owner's right to
file an application with the Division for a restoration of rent based upon
a restoration of services if the facts so warrant.
THEREFORE, in accordance with the Provisions of the Rent Stabilization
Code, it is
ORDERED, that this petition be, and the same hereby is, denied, and that
the District Rent Administrator's order be, and the same hereby is