DOCKET NO.: BK 410365 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 410365 RO
:
106 West 69 St. Assoc. : DISTRICT RENT ORDER
c/o I. L. M. S. Realty : DOCKET NO. BD 410026 OR
: (AF 410174 S)
:
:
:
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On November 27, 1987 the above-named petitioner-owner filed
a Petition for Administrative Review against an order issued on
November 6, 1987 by the Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York concerning housing accommodations known
as 106 West 69th Street, New York, New York, Apartment 6C.
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 commenced on April 1, 1987 by the owner
filing an application for the restoration of rent based on the
restoration of services (plastering and painting in the living
room and bedroom, repair of defective bathroom door lock) for
which a rent reduction order had previously been issued. The
owner submitted a copy of a statement, signed by the tenant and
the superintendent, indicating that services had been restored as
of March 12, 1987.
The tenant was served with a copy of the application and
provided an opportunity to respond. There is no indication in
the record that the tenant submitted a reply.
DOCKET NO.: BK 410365 RO
On July 29, 1987 a physical inspection of the subject
premises was conducted which revealed that there was peeling
paint and plaster in the living room and bedroom and the
defective bathroom lock had been repaired.
On November 6, 1987 the Rent Administrator issued an order
denying the owner's restoration application based on the physical
inspection of the subject premises.
In this petition, the owner contends that the subject
apartment was painted on March 12, 1987 and resubmits the above
mentioned statement signed by the tenant and superintendent.
The tenant was served with a copy of the petition and
provided an opportunity to respond. There is no indication in
the record that the tenant submitted a reply.
The Commissioner is of the opinion that this petition should
be granted.
In this case the owner asserts that it had restored services
as of March 12, 1987 and submits a statement signed by the tenant
attesting to same. In light of the fact that the tenant
acknowledged in a signed statement that services had been
restored, the Commissioner finds that the subsequent inspection
of the subject apartment was conducted in error and the Rent
Administrator's order finding that services had not been restored
must be revoked.
Accordingly. the Commissioner finds that the owner has
restored those services for which a rent reduction order had
previously been issued and further finds that the rent for the
subject apartment shall be restored effective May 1, 1987, the
first rent payment date after the owner filed the rent
restoration application.
Any arrears owed by the tenant as a result of this order may
be paid in equal monthly installments over the course of the next
twenty-four (24) months. Should the tenant vacate after the
issuance of this order, arrears shall be payable immediately.
This order is issued without prejudice to the right of the
tenant to file the appropriate application for a decrease in rent
based on any current decreases in services, if the facts so
warrant.
DOCKET NO.: BK 410365 RO
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is,
granted, and, that the order of the Rent Administrator be, and
the same hereby is, revoked, and that the rent be, and the same
hereby is restored effective May 1, 1987.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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