BK 110123 RO
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.: BK 110123 RO
Sharon Towers Realty DISTRICT RENT ADMINISTRATOR
DOCKET NO.: BC 110385-S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
IN PART AND REMANDING PROCEEDING ON APPEAL
On November 20, 1987, the above-named petitioner-owner filed an
Administrative Appeal against an order issued on October 23, 1987
by the District Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
108-49 63rd Avenue, Apt. 6-N, Forest Hills, New York.
The issue herein is whether the District Rent Administrator
properly reduced the rent of the subject apartment based upon a
reduction of services.
The District Rent Administrator's order, appealed herein, found
diminution of services had occurred and reduced the rent to the
level in effect prior to the last rent guideline increase which
commenced before the effective date of the order.
On appeal, the petitioner-owner claimed that it was not informed
of any service problems; that the roof was repaired and that
there is nothing wrong with hot water services.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be granted in part and remanded to the District Rent
Office for further processing.
The Commissioner notes that the petition did not contain any
allegations but the petitioner attached a copy of its answer
below; the assumption being that petitioner is reiterating, on
appeal, the statements contained in its answer below.
A review of the record reveals that the tenant filed an
Individual Tenant Statement of Complaint on March 24, 1987,
April 3, 1987 and April 29, 1987, asserting, inter alia, that she
had hot water pressure problems and that a failure of roof
maintenance resulted in moisture blistering of her apartment
The owner was served with a Notice of Tenant's Complaint, on or
about, April 3, 1987, but the record reveals that the copy of the
tenant's complaint, which was served on the owner did not contain
the tenant's request for a rent reduction.
BK 110123 RO
Accordingly, the Commissioner finds that the owner was not given
a full opportunity to participate in the proceeding below and
that the order issued by the District Rent Administrator, on
October 23, 1987, must be revoked and further finds that due
process requires that this proceeding be remanded to the District
Rent Administrator for the purpose of affording the owner an
opportunity to fully respond to the tenant's complaint.
THEREFORE, pursuant to the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted
to the extent of remanding this proceeding to the District Rent
Administrator for further processing in accord herewith. The
order of the District Rent Administrator is hereby revoked.
JOSEPH A. D'AGOSTA