BJ 130134 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.: BJ 130134 RO
HARVEY KALT, WOODHAVEN APARTMENTS,
DRO DOCKET NO.: BB 110748 S
PETITIONER
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ORDER AND OPINION DENYING ADMINISTRATIVE APPEAL
On October 9, 1987 the above-named petitioner-owner filed a
Administrative Appeal against an order issued on September 30,
1987 by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
62-05 Woodhaven Boulevard, Rego Park, New York, Apartment 2B.
The Administrative Appeal is being determined pursuant to the
provisions of 9 NYCRR 2520.6(r) and 9 NYCRR 2523.4.
The issue in this appeal is whether the District Rent
Administrator properly determined the tenant's complaint of
decreased services.
The District Rent Administrator's order, appealed herein, reduced
the rent for the subject apartment to the level in effect prior
to the last rent guideline increase which commenced before the
effective date of the rent reduction, such rent reduction being
effective as of April 1, 1987, the first rent payment day after
the Division informed the owner of the tenant's complaint.
This order was based upon a physical inspection conducted on July
21, 1987 which revealed that the livingroom ceiling and wall
require painting; that areas in the livingroom which were
plastered are discolored; that the kitchen ceiling requires
painting; that the bathroom ceiling and wall are blistered and
have peeling paint and plaster due to leaks; that the livingroom
window has a cracked pane; and that the kitchen window is in need
of putty.
On appeal, the petitioner-owner alleges, in substance, that he
was never notified by the Division that the tenant had filed a
complaint; and that the tenant never informed him of the
complaint.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
BJ 130134 RO
should be denied.
A review of the record reveals that on February 27, 1987, the
tenants filed a complaint of decreased services wherein she
stated that the walls, ceilings and windows of the subject
apartment were in need of various repairs. The tenant attached
to said complaint copies of her letters to the owner, dated
December 5, 1986 and January 7, 1987, requesting such repairs.
On March 16, 1987, the Division mailed a copy of the tenant's
complaint to the owner, together with the appropriate answer
forms.
No response was received from the owner and on July 21, 1987, the
inspection mentioned hereinabove was conducted.
The Divisions' notice of March 16, 1987 was not returned to the
Division by the United States Post Office as undeliverable as
addressed. The address for the owner listed on the tenant's
complaint, the Division's notice of March 16, 1987, and the
District Rent Administrator's order, all match the address which
the owner lists as his mailing address on his administrative
appeal. It must therefore be presumed that the Division's notice
of March 16, 1987 was duly delivered in the normal course of
business. The owner's claim on appeal of lack of notice is not
supported by the evidence of record.
The Commissioner notes that by a letter dated October 28, 1987
the owner transmitted to the Division a copy of a statement
signed by the tenant on October 27, 1987 acknowledging that all
repairs wee completed to her satisfaction. This order and
opinion is issued without prejudice to the right of the owner to
apply for a restoration of the rent upon restoration of required
services. As part of the processing of any such rent restoration
application, the Division will consider such evidence, after
notice to the tenant, and establish an appropriate effective date
of the restoration accordingly.
THEREFORE, in accordance with 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:
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ELLIOT SANDER
Deputy Commissioner
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