BL 230187 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 230187 RO
DISTRICT RENT ORDER
BAI Realty & DOCKET NO.: ZBD-230026-B
Construction Corp.,
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 21, the above-named petitioner-owner filed a Petition
for Administrative Review against an order issued on December 1,
1987, by the Administrator (Gertz Plaza) concerning housing
accommodations known as 320 Sterling Place, Brooklyn, New York,
wherein the Administrator determined that certain services were
not being provided or maintain and as a result reduced the rents
of various controlled apartment by $3.00 per month. The rent of
one stabilized tenant was also reduced to the level in effect
prior to the last rent guideline increase which commence before
the effective date of this order.
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.
In this petition the owner contends, in substance, that it
recently took over the premises, and thus it was not served with
the tenant's original complaint; that the Administrator
improperly reduced the rents of two controlled tenants who had
since vacated their apartments.
The Commissioner is of the opinion that this petition should be
granted in part.
A review of he record discloses that a copy of the tenant's
(Denise Horsford) complaint was mailed to the then current owner
(Morris Gross) on June 10, 1987. Said owner submitted an answer
disputing the tenant's allegations. The record further indicates
that the Rent Administrator properly determined the tenant's
complaint of service reduction on the basis of a physical
inspection which revealed that the owner had failed to maintain
certain building-wide service (5th floor incinerator has
accumulation of debris). The Commissioner is of the opinion and
finds that the Administrator properly reduced the rents of two
(2) controlled and one stabilized apartments. However, the
Administrator erred by reducing the rents of apartments numbers
3GE and 4DE since these controlled apartments were vacated (which
subsequently became subject to Rent Stabilization) prior to the
issuance of the Administrator's order. Thus, the order should be
modified by deleting that portion which reduced the rents of
BL 230187 RO
these apartments.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, and the New York City Rent and Eviction Regulations, it is
ORDERED, that this petition be, and the same hereby is, granted
in part; and that the Administrator's order be, and the same
hereby is modified by deleting such portion thereof which reduced
the maximum legal rent ($3.00 per month) of apartments number 3GE
and 4DE; and that as so modified said order be and the same
hereby is affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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