DOC. NO.: BL 430261-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 430261-RO
COLLEGE STUDIO ASSOCIATES : DISTRICT RENT ADMINISTRATOR'S
PETITIONER : DOCKET NO. BD 530011B
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 23, 1987, the above-named owner filed a petition for
administrative review of an order issued on November 25, 1987 by a
District Rent Administrator concerning various housing accommodations
in the premises known as 305 Convent Avenue, New York, New York,
wherein rents were reduced due to a diminution of service.
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 petition for review.
On April 2, 1987 the subject tenants filed an application for a rent
reduction based on the owner's alleged failure to maintain building-
wide services alleging, among other things, that the courtyard was
defective.
On April 27, 1987 the owner interposed an answer to the tenants'
complaint wherein it alleged that the defects complained of by the
tenants were repaired, and that the front courtyard had been repaired
by the placing of a steel column and the replacing of bricks.
On June 15, 1987 a physical inspection of the subject building was
carried out by the Division of Housing and Community Renewal (DHCR).
The inspector, in his report, noted that the front courtyard was not
level and required repairs.
On November 25, 1987 the District Rent Administrator issued the order
here under review, finding that a diminution of services had occurred
and reducing the tenants' rent, in rent stabilized apartments, to the
level in effect prior to the last rent guideline increase which
commenced before the effective date of the rent reduction. In rent
controlled apartments the rent was reduced by $2.00 per month,
effective on the first rent payment day following the issuance of the
order.
DOC. NO.: BL 430261-RO
The owner's petition asserts that it did not receive the original
complaint as filed by the tenants; that the owner's address on the
Administrator's order left out the post office box number; and that
the owner believes that this shows that the original complaint did not
have the owner's post office box number on it either, and therefore
the original complaint must have been returned to D.H.C.R. as
"undeliverable." The owner further states that this deprived it of an
opportunity to correct the defects that were stated in the original
complaint.
After careful consideration, the Commissioner is of the opinion that
the owner's petition should be denied.
The Commissioner notes that on April 14, 1987 the rent agency mailed
to the owner a "Notice and Transmittal" of the tenants' complaint, and
that the owner's correct post office box number was written on that
notice. The Commissioner notes that the owner's answer, which was
submitted to the Administrator, fully responded to the tenants'
complaint.
As the owner's petition does not dispute the Administrator's finding
of a service defect, the Commissioner is of the opinion that the
Administrator's order should not be disturbed.
The Commissioner notes that the rents in this proceeding were restored
by the rent agency on August 30, 1988, under Docket No. BD-510211-OR.
Accordingly, the Commissioner finds that the Administrator's order
should be affirmed.
THEREFORE, in accordance with the Rent Stabilization Law and Code, the
City Rent and Rehabilitation Law, and the City Rent and Eviction
Regulations for New York City, it is
ORDERED, that the owner's 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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