BL220028RT
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.:
BL220028RT
ELLEN & MARK TELZER,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BC220119S
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On December 14, 1987, the above-named petitioner-tenant filed a
petition for administrative review of an order issued on November
13, 1987, by the Rent Administrator, concerning the housing
accommodation known as 2 Grace Court, Brooklyn, New York, apart-
ment 6-N, wherein the Administrator determined that the Maximum
Legal Rent for the subject apartment should be reduced by $11.00,
plus 10% of the Maximum Legal Rent per month, effective on the
first rent payment day following the issue date of the Rent
Administrator's order, based upon a diminution of services. The
Rent Administrator's order was based upon an inspection held on
October 5, 1987.
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.
The issue herein is whether the Rent Administrator properly reduced
the rent of the subject apartment.
On appeal, the petitioner-tenant asserts that the Rent Adminis-
trator erred by reducing the rent of the subject apartment by
$11.00, plus 10% of the Maximum Legal Rent per month but should
have reduced the rent to the level in effect prior to the last rent
guideline increase, which commenced before the effective date of
the order, because the subject apartment is a rent-stabilized and
not a rent-controlled apartment.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be granted.
BL220028RT
A review of the Division's records reveals that the subject
apartment is a rent-stabilized apartment as alleged by the
petitioner.
Accordingly, the Commissioner finds that the Rent Administrator's
order of November 13, 1987, must be amended to reduce the rent of
the subject apartment to the level in effect prior to the last rent
guideline increase, which commenced before the effective date of
the Rent Administrator's order.
In the instant case, the tenant filed the complaint on March 6,
1987 and the complaint was sent to the owner on March 18, 1987.
Consequently, the effective date of the Rent Administrator's order
is April 1, 1987, which is the first rent payment date following
the filing of the complaint.
This Order and Opinion is issued without prejudice to the owner's
right to file an application with the DHCR for restoration of the
rent based upon restoration of services if the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent Stabili-
zation Law and Code, it is,
ORDERED, that this administrative appeal be, and the same hereby
is, granted and that the Rent Administrator's order be, and the
same hereby is, amended to reduce the rent to the level in effect
prior to the last rent guideline increase, which
commenced before the effective date of the order, as provided
hereinabove. The order of the Rent Administrator is hereby
affirmed in all other respects.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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