BL 430298 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 430298 RO
NICHOLAS BRUSCO,
DISTRICT RENT ADMINISTRATOR'S
DOCKET NO. AJ 430048-B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 6, 1988, the above-named owner timely filed a petition
for administrative review of an order issued on October 20, 1987
by a District Rent Administrator concerning various housing
accommodations in the premises known as 910 Columbus Avenue, New
York, New York, wherein the rent was reduced 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 October 21, 1986 a tenant filed an application for a rent
reduction based on the owner's alleged failure to maintain
certain building-wide services.
On October 20, 1987 the District Rent Administrator issued the
order here under review finding that a diminution of services
had occurred and directed the owner to restore services. The
maximum legal rent for rent controlled tenants was reduced by
$18.00 per month, effective on the first rent payment day
following the issuance of the order.
The owner's petition asserts that he purchased the subject
building on November 28, 1987, and that he was informed by the
prior owner (M & M Properties, as owner and Alan R. Bush Mgmt.,
as managing agent), that they did not receive a copy of the
tenant's complaint, and therefore, they did not have an
opportunity to respond.
After careful consideration, the Commissioner is of the opinion
that the owner's petition should be denied.
The Commissioner notes that the rent agency mailed a copy of the
tenant's complaint and a "Notice and Transmittal of Tenant's
Complaint," dated October 31, 1986, to Alan R. Bush Inc. (Mgmt)
located at 4124 Broadway, New York, New York 10033, as this was
BL 430298 RO
the name and address of the owner that was noted on the tenant's
complaint. The Commissioner further notes that Alan Bush Mgmt.
had informed the rent agency, in other proceedings concerning
other buildings owned by it, that its address was 4124 Broadway,
New York, New York 10033.
As Alan Bush Mgmt. was the managing agent of the subject
premises, and pursuant to Section 2520.6(i) of the Rent
Stabilization Code, a managing agent would be included in the
definition of an owner, the Commissioner finds that the
Administrator mailed the tenant's complaint to the owner of the
subject premises; that the owner was given an opportunity to
answer, and that the owner did not submit an answer to the
Administrator.
The Commissioner notes that the prior owners did not submit any
statements asserting that they did not receive the tenant's
complaint. Even if a statement were submitted, the Commissioner
notes that the owner's petition would nevertheless have been
denied for the aforementioned reasons. The Commissioner further
notes that the rents in this proceeding were restored on November
21, 1990, under Docket No. EB 430036 OR.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, and the City Rent and Eviction Regulations, 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
is, affirmed.
ISSUED:
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JOSEPH A. D'AGOSTA
Deputy Commissioner
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