ADM. REVIEW DOCKET NO.: BI 610027 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.:
BI 610027 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
BF 610071 - S
175 EAST 151 ST REALTY
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 11, 1987, the above-named petitioner-owner filed
a petition for administrative review of an order issued on
September 1, 1987, by the Rent Administrator, concerning the
housing accommodation known as 175 East 151 Street, Apartment 4-O,
Bronx, New York, wherein the Administrator determined the tenant's
complaint of a decrease in services filed on June 4, 1987.
The Administrator granted the tenant a rent reduction based on
the results of an inspection conducted on July 30, 1987 that
confirmed the tenant's complaint of severe damage to the apartment
as a result of a fire on April 1, 1987. The inspector reported
that the walls and ceilings throughout the apartment had been
smoke-damaged as the result of a fire. The inspector also reported
that the bedroom wall and ceiling were severely damaged and that a
hole in the ceiling constituted a danger.
On appeal as below, the owner argues that the rent reduction
was not warranted because the tenant had caused the fire and was
responsible for all damages.
ADM. REVIEW DOCKET NO.: BI 610027 RO
The owner's bare allegation on appeal that the condition was
tenant induced is insufficient to warrant reconsideration of the
Administrator's rent reduction order. This order is issued without
prejudice to the owner's right to file a claim in a court of
competent jurisdiction.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the owner's petition be denied and that the
Administrator's order be affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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