BL 420277 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 420277 RO
Amiet Corporation, DISTRICT RENT
ADMINISTRATOR'S
DOCKET NO. BG 420384 S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 1, 1987, the above named landlord filed a petition
for administrative review of an order issued November 27, 1987 by
a Rent Administrator concerning the housing accommodation known
as Apartment 2-J, 421 West 162nd Street, New York, New York.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issues raised by the administrative appeal.
The subject tenant filed an application, dated July 30, 1987, for
a rent reduction based on the landlord's alleged failure to
maintain numerous services.
On August 11, 1987, the Division of Housing and Community Renewal
(D.H.C.R.) mailed to the landlord a copy of the tenant's
complaint, and a notice informing the landlord that an answer was
to be interposed within twenty days of the mailing by the rent
agency of the tenant's complaint.
On August 24, 1987 the landlord filed its answer stating that the
service defects in the subject apartment were caused by a fire
above the complainant's apartment, occurring on July 8, 1987, and
that repairs in the subject apartment were proceeding.
On August 28, 1987 D.H.C.R conducted an inspection of the subject
premises. The inspection revealed various defects in the
complainant's apartment.
On November 27, 1987 the Rent Administrator issued the order
under review herein, finding that a diminution of services had
occurred and reducing the tenant's rent by 10% of the maximum
legal rent plus $5.00 per month, effective on the first rent
payment day following the issuance of the Administrator's order.
The landlord's petition states that the Administrator's order is
based on an inspection which occurred prior to the expiration of
twenty days from the time D.H.C.R. mailed the tenant's complaint,
and therefore, the landlord asserts, this is before the time for
it to respond had expired. It is further alleged by the
landlord that defects found by the Administrator were found
before the landlord's time to respond had expired, and that all
BL 420277 RO
of the defects had been subsequently corrected.
After careful consideration, the Commissioner is of the opinion
that the landlord's petition should be denied.
The Commissioner notes that the owner's answer to the
Administrator conceded that there were defects in the subject
apartment. The Commissioner further notes that the owner
responded to the tenant's complaint prior to D.H.C.R.'s
inspection of the subject apartment, and that the owner failed to
inform the Administrator that the alleged repairs were completed,
prior to the issuance of the Administrator's order. Having
failed to do so, it cannot raise this for the first time upon
administrative review.
Accordingly, the Commissioner is of the opinion that the
Administrator's determination should be affirmed.
The Commissioner notes that the subject apartment's rent was
restored on February 2, 1989, based on a rent restoration
proceeding under Docket No. CD 510136 OR.
THEREFORE, in accordance with the Rent and Eviction Regulations
of New York City, it is
ORDERED, that this petition be, and the same hereby is, denied,
and that the order issued by the Rent Administrator be, and the
same hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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