DOC. NO.: BK 130253-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. BK 130253-RO
RHODES REALTY INC., : RENT ADMINISTRATOR'S
PETITIONER : DOCKET NO. AJ 130038-B
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 7, 1987 the above-named petitioner-landlord filed a
Petition for Administrative Review against orders issued on October 9,
1987 by the Rent Administrator, 92-31 Union Hall Street, Jamaica, New
York concerning housing accommodations known as 111-23 76th Road,
Forest Hills, New York, various apartments, wherein the Administrator
found a reduction in essential services and reduced the legal maximum
rents of all rent controlled apartments in the subject premises by
$3.00 per month, effective as of November 1, 1987. Said orders were
predicated upon a report of physical inspection which disclosed "Wall
above mailboxes cracked, loose and paint peeling."
In this petition for administrative review the landlord contends, in
substance,that the condition for which the rents were reduced was not
specified in the complaint, and thus the Administrator's order should
be reversed.
After a careful consideration of the entire record, the Commissioner
is of the opinion that this petition should be denied.
The instant matter stems from a Complaint of a Decrease in Building-
wide Services filed with the Division in October 1986 in which it is
alleged, among other things, that the public areas were not being
adequately maintained; and that "part of hallway needs painting". In
response to this complaint the landlord submitted a 1980 invoice for
the painting of the hallways from the first to the fifth floors.
The Commissioner is of the opinion that the instant complaint was
sufficiently explicit to put the landlord on notice to require it to
DOC. NO.: BK 130253-RO
investigate the condition of the public areas rather than rely
on work which was performed six years earlier. Accordingly, the
Commissioner finds that the Rent Administrator's orders, based on the
report of a physical inspection, are correct and should be affirmed.
The Commissioner notes that pursuant to orders (CC120084-OR) issued on
January 1, 1989 the maximum legal rents of the subject accommodations
were restored based upon a finding by the Administrator that the
condition which is the subject of this proceeding had been corrected.
THEREFORE, in accordance with the provisions of 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 orders of the Rent Administrator be, and the same hereby are
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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