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.: BG 110257-RO
DRO DOCKET NO.: AK 110141-S
J.R.D. MANAGEMENT CORP.,
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On July 24, 1987, the above named petitioner-owner filed a Petition for
Administrative Review against an order issued on July 10, 1987, by the
District Rent Administrator, 92-31 Union Hall Street, Jamaica, New York,
concerning housing accommodations known as Apartment 5N, 155-01 90th
Avenue, Jamaica, New York wherein the District Rent Administrator
determined that the owner had failed to maintain services warranting a
The issue in this appeal is whether the District Rent Administrator's
order was warranted.
The applicable section of the law is Section 2523.4 of the Rent
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.
This proceeding was commenced on October 31, 1986 by the tenant's filing
of an Individual Tenant Statement of Complaint of Decrease in Services.
An inspection of the subject apartment on February 25, 1987 confirmed the
existence of the defective conditions listed in the tenant's complaint.
Based on the inspection report, the District Rent Administrator, in Docket
Number ZAK 110141-S issued July 10, 1 987 reduced the rent of the subject
apartment effective January 1, 1 987.
In this petition, the owner contends, inter alia, that the District Rent
Administrator's order is incorrect and should be revoked because the
Administrator's order is duplicate of an earlier order under Docket Number
In response, the tenant contends in substance that the owner has repaired
all the defective conditions as indicated in Docket Number BG 110076-OR.
DOCKET NUMBER: BG 110257-RO
The Commissioner is of the opinion that this petition should be granted.
A review of the record in the instant case indicates that the tenant's
complaint was a duplicate of a complaint filed two weeks earlier under
Docket Number ZAJ 110173-S for which the tenant received a rent reduction
on June 10, 1987.
The Commissioner notes that the owner filed a rent restoration application
against the earlier rent reduction order (ZAJ 110173-S) which was granted
on January 14, 1988 under Docket Number BG 110076-OR.
Based on the foregoing, the Commissioner finds that the Administrator
erred in granting the second rent reduction under Docket Number
THEREFORE, in accordance with the Rent Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted and that
the District Rent Administrator's order be, and the same hereby is,