BL 210012 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.: BL 210012 RO
Tom Vita, DISTRICT RENT ADMINISTRATOR
c/o Bensonhurst Realty, DOCKET NO.: BB 220388-S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 17, 1987 the above-named petitioner-landlord filed a
Petition for Administrative Review against an order issued on
December 8, 1987 by the Rent Administrator, (Gertz Plaza)
concerning housing accommodations known as Apartment B-3, 8714
21st Avenue, Brooklyn, New York, wherein the Administrator
determined that the landlord had failed to maintain certain
services and as a result reduced the rent of the subject
apartment.
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 order was based upon a physical inspection of the subject
apartment which revealed that the ceiling and walls throughout
the apartment are damaged due to water leakage; and that the
stove pilot light of three (3) burners are "clogged" and
inoperative.
In this petition, the landlord contends, in substance, that the
tenant has denied his workers access to the apartment and thus
they could not paint the apartment; and that the stove pilot
light was turn off at the tenant's request.
In response to the landlord's petition, the tenant states, in
substance, that the required services have not been restored.
The Commissioner is of the opinion that this petition should be
denied.
A review of the record indicates that the Administrator properly
determined the tenant's complaint of service reduction on the
basis of a physical inspection which revealed that the landlord
had failed to maintain certain services.
The Commissioner deems it inappropriate to entertain the
landlord's allegation of non-access since he did not raise same
during the proceeding below. The issue of whether the tenant had
requested that the stove pilot light be turn-off is without merit
since it was found that said item was defective. The
Commissioner therefore finds that the Administrator properly
BL 210012 RO
reduced the rent of the subject controlled apartment.
The Commissioner notes that the landlord has since filed an
application for rent restoration with the Division; and that the
rent of the subject controlled apartment was restored.
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 Administrator;s order be, and the same hereby is
affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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