ADM. REVIEW DOCKET NO.: BJ 410354 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 410354 RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
BB 420163 S
FRANPEARL EQUITIES CORP
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 13, 1987, the above-named petitioner-owner filed a
petition for administrative review of an order issued on September
9, 1987, by the Rent Administrator, concerning the housing
accommodation known as 710 Amsterdam Place, Apartment 4A, New York,
New York 10025, wherein the Administrator determined the tenant's
complaint of a reduction of services filed on February 5, 1987.
The challenged order reduced the tenant's rent based on the
results of an inspection conducted July 6, 1987 that confirmed the
tenant's complaint of a leak in the bathtub. The inspector
reported that the bathtub hot water ran continually. Other
conditions cited in the complaint were not substantiated.
The owner's arguments that it was denied due process, in that
the Administrator failed to adhere to allegedly established
procedures of providing the owner with notification of the
inspection or the results thereof and imposed a rent reduction
where none has been requested, are rejected as being without basis
in law or fact.
The Division's procedures, now as then, do not require that
notice of the inspection be given to the parties unless their
presence is required, nor to apprise the parties of the results.
Moreover, the Courts have affirmed that there is no due process
ADM. REVIEW DOCKET NO.: BJ 410354 RO
requirement to serve inspection reports on the parties. Empress
Manor vs DHCR 538 N.Y.S. 2d 49 (App Div. 2nd Dept). The owner was
afforded due process notice by service of the tenant's complaint.
The Administrator also adhered to established procedures in
imposing a rent reduction for this rent controlled tenant. Section
2202.16 of the City Rent and Eviction Regulations does not require
the tenant to request the Administrator to impose a rent reduction
whenever service decreases are confirmed.
The owner's reference to decisions rendered under Section
2523.4 of the Rent Stabilization Code, which provides that a tenant
may request a rent reduction predicated upon a finding of decreased
services, is inappropriate to these proceedings.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations and the City Rent Control Law, it is
ORDERED, that the owner's petition be and the same hereby is
denied, and the Administrator's order be and the same hereby is
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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