BL 230190 RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: BL 230190 RO
Joseph Schonwald, DISTRICT RENT ADMINISTRATOR
DOCKET NO.: BA 230019
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 31, 1987, the above-named owner filed a petition for
administrative review of an order issued on December 1, 1987 by a
Rent Administrator concerning the housing accommodations known as
various apartments, 1421 53rd Street, Brooklyn, New York.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to
the issues raised by the petition for review.
This proceeding was commenced by the filing of a complaint of a
decrease in building-wide services.
The owner answered asserting, in substance, that the complaints
On April 27 and June 8, 1987 physical inspections of the subject
premises revealed that the public areas were dirty.
On December 1, 1987 that the Rent Administrator issued the order
here under review, finding that a diminution of services had
occurred and reducing rents.
In its petition the owner, in substance, asserts that the areas
are clean. The owner explains that a tenant who was in the
process of moving out of the premises had generated debris in the
The Commissioner is of the opinion that the petition should be
The Commissioner notes that reports of two agency inspections
which were conducted two months apart, indicated that the public
areas were dirty. With regard to the owner's assertion that a
tenant's moving generated debris, the Commissioner notes that
there is no allegation that the moving occurred on the date of
one of the inspections. Furthermore, the owner has submitted no
evidence to establish when the moving took place, or by whom.
Finally, the report of the other inspection confirmed that the
public areas were dirty.
Accordingly, the Commissioner is of the opinion that the Rent
Administrator's order was correct when issued and should be
BL 230190 RO
This order is issued without prejudice to the owner's filing an
application for a rent restoration when all required services are
THEREFORE, in accordance with the City Rent and Rehabilitation
Law, the Rent and Eviction Regulations, and the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied,
and that the Rent Administrator's order be, and the same hereby
JOSEPH A. D'AGOSTA