ADM. REVIEW DOCKET NO.: BH - 430336 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.:
BH - 430336 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
USC - 001223 B
THE CONVENT GROUP
C/O H.S.C. MANAGEMENT CORP.
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a petition for
administrative review of an order issued on June 26, 1987, by the
Rent Administrator, concerning the housing accommodation known as
310 Convent Avenue, New York, New York, wherein the Administrator
determined the tenants' complaint of a decrease in building-wide
services filed on January 22, 1985. The administrative appeal was
considered timely notwithstanding that more than thirty-five (35)
days had elapsed from the date of the order because the order had
been addressed to the former owner or managing agent and not to the
then registered owner.
The Administrator's order reduced the rents based on the
results of an inspection conducted on February 4, 1987 that
confirmed the tenants' complaints of defective hallway radiators
and poor general maintenance. The inspector reported that all
public hall radiator handles were missing, that the public
hallways, floors and stairs were in need of sweeping and washing,
and that there was an accumulation of garbage in the basement area.
ADM. REVIEW DOCKET NO.: BH 430366 RO
On appeal, the owner asserts that the services are maintained.
The owner points to a rent restoration order under Docket No. USC -
000061 OR dated April 25, 1986 restoring rents reduced by an order
dated July 16, 1985. The owner claims that the case addressed
similar items cited in the order herein under appeal.
The February 4, 1987 inspection confirmed the existence of
services decreases warranting rent reductions. Two (2) of the three
(3) conditions cited involved items of on-going and periodic
maintenance. The fact that similar conditions may have been
addressed more than one year before suggests that the owner's
maintenance and repair measures were inadequate, or that the
conditions had been permitted to reoccur.
Division records do reveal, however, that the Administrator
granted the owner's application for rent restoration per Docket No.
BH 410007 OR, on September 29, 1987.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, and the City Rent Control Law, and the City Rent and Eviction
Regulations, it is
ORDERED, that the petition be, and the same hereby is, denied,
and that the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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