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.: BH 210183-RO
DRO DOCKET NO.: AK 210498-S
CIRTIAN S. BRUCE
PETITIONER : TENANT: MARGARITA VILLOCK
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On July 30, 1987, the above-named petitioner-owner filed a Petition for
Administrative Review against an order issued on July 10, 1987 by the Rent
Administrator of the Gertz Plaza, Jamaica, District Rent Office,
concerning the housing accommodations known as apartment 4R at 181 14th
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.
The tenant commenced this proceeding by filing a complaint asserting that
the owner had failed to maintain certain services in the subject
In its answer, the owner denied the allegations set forth in the tenant's
complaint or otherwise asserted that all required repairs had been or
would be completed.
Thereafter an inspection of the subject apartment was conducted by a
D.H.C.R inspector, who confirmed the existence of the following defective
conditions: peeling paint and plaster and cracks in the ceilings and walls
in various locations in the apartment.
The Rent Administrator directed restoration of these services and further
ordered a reduction of the stabilization rent.
In its petition, the owner contends that the tenant is not currently
paying the rent and litigation proceedings are taking place.
The tenant's answer opposing the Petition states that the owner has failed
to set forth any basis for the revocation or modification of the appealed
After careful consideration, the Commissioner is of the opinion that the
petition should be denied.
The Commissioner finds that whether or not the tenant is paying the rent
due has nothing to do with the Administrator's order wherein a
determination was made which affected the calculation of the legal rent
DOCKET NUMBER: BH 210183-RO
This order and opinion is issued without prejudice to the owner's filing
an application for an order restoring the rent, if the facts so warrant.
This order is issued without prejudice to the rights of any party hereto
in pursuing whatever remedies are properly available to them through the
THEREFORE, pursuant to the Rent Stabilization Law and Code, it is
ORDERED, that this Petition be, and the same hereby is, denied.