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. BJ 410194-RO
: DISTRICT RENT ADMINISTRATOR'S
GEORGE TSILOGIANNIS, : DOCKET NO. AE 430073B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 26, 1987 the above-named owner filed a petition for
administrative review of an order issued on October 8, 1987 by an
administrator concerning various housing accommodations in the
premises known as 323 West 83rd Street, New York, New York wherein the
Administrator ordered that the regulated rents for the subject
building be reduced due to service diminutions.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was initiated on May 20, 1986 by the tenants' filing
of a complaint of a decrease in building-wide services.
On May 30, 1986 the Division of Housing and Community Renewal
(D.H.C.R.) mailed to the owner a notice, enclosing a copy of the
tenants' original complaint, requesting that the owner answer within
twenty days of the date of mailing.
On June 25, 1986 the D.H.C.R. received an answer in which each and
every allegation contained in the tenants' original complaint was
addressed by the owner.
On December 26, 1986 the D.H.C.R. conducted an inspection of the
subject premises which revealed a common area service diminution.
On October 8, 1987 the Rent Administrator thereby reduced the rents
for all of the regulated apartments in the subject building.
In its petition dated October 26, 1987 the owner asserts that it was
not served with the tenants' original complaint.
After careful consideration, the Commissioner is of the opinion that
the owner's petition for administrative review should be denied.
DOC. NO.: BJ 410194-RO
The record reveals that the owner did receive the tenants'
complaint and that on June 25, 1986 he submitted a detailed answer
to the tenants' allegations. As the owner raises no other issues,
and as the order of the Rent Administrator is proper on its face,
the Commissioner is of the opinion that the order of the Rent
Administrator should be affirmed.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
the City Rent and Rehabilitation Law, and the Rent and Eviction
Regulations for New York City, it is
ORDERED, that this petition be, and the same hereby is, denied, and,
that the order of the Rent Administrator be, and the same hereby is,