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.:
KRAUS REALTY MANAGERS LTD.,
PETITIONER AG 110027-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a Petition for Administra-
tive Review (PAR) against an order issued on August 3, 1987, by the
Rent Administrator at Gertz Plaza, Jamaica, New York, concerning
the housing accommodation at 69-29 136th Street, Apartment A,
Queens, New York, wherein the Administrator determined the tenant's
complaint of decreased services, commenced on June 30, 1986.
The challenged order granted the tenant a rent reduction on the
grounds that the owner had not filed an answer and that therefore,
the factual allegations of the tenant's complaint were admitted.
The rent reduction was effective August 1, 1986.
On appeal the owner indicates that an answer was filed on August
28, 1986, stating that the services below had been restored.
The owner attached a copy of said answer, but submitted no evidence
to support the claim that the answer was timely filed below. Con-
sequently, there is no warrant to reconsider the Administrator's
It is also noted that on April 5, 1988, the Administrator denied
the owner's initial rent restoration application per Docket No.
BJ 110031-OR. On February 22, 1989, the Administrator granted the
owner's rent restoration application per Docket No. CF 110201-OR.
THEREFORE, in accordance with the provisions of the Rent Stabili-
zation Law and Code, it is,
ORDERED, that this petition be, and the same hereby is, denied,
and that the Administrator's rent reduction order be, and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner