ADM. APPEAL DOCKET NO. BH 210215 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 APPEAL
APPEAL OF DOCKET NO.:
BH 210215 RO
:
DRO ORDER NO.:
BB 210744 S
S. IANNELLI
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 7, 1987, the above-named petitioner owner filed a
Petition for Administrative Review (PAR) against an order issued
on July 6, 1987 by the Rent Administrator at Gertz Plaza,
Jamaica, New York, concerning the housing accommodations located
at 8124 Ridge Boulevard, Apartment 4D, Brooklyn, New York,
wherein the Administrator determined the tenant's complaint of a
reduction of services.
The challenged order reduced the tenant's rent based on
findings, revealed by inspection on April 23, 1987, of severe
water damage to the paint and plaster of the bathroom walls and
ceiling, peeling paint around the bedroom window, and a defective
living room window.
On appeal the owner requests that the Administrator's order
be reversed on the grounds that the source of the problem was
found on August 3, 1987 and that arrangements were being made to
correct the problem. The owner also noted that the building was
pointed in 1985.
The owner's statement constitutes an admission that the
conditions which gave rise to the rent reduction continued after
the date of the Administrator's order. Consequently the rent
reduction was warranted, notwithstanding the owner's good faith
efforts to address the problem.
The owner may file a rent restoration application predicated
upon the restoration of services, if he has not done so already.
ADM. APPEAL DOCKET NO. BH 210215 RO
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this administrative appeal be, and the same
hereby is, denied and that the order of the District Rent
Administrator be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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