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
APPEALS OF DOCKET NOS.:
ORDER AND OPINION TERMINATING PETITIONS FOR ADMINISTRATIVE REVIEW
On August 19, 1987, the above-named petitioner-owner filed a peti-
tion for administrative review (PAR) of an order issued on July 21,
1987, by the Rent Administrator, concerning the housing accommo-
dation known as 16 Elliot Place, Bronx, New York, Apartment 5-J,
wherein the Administrator denied the owner's application to restore
rent previously reduced per Docket No. BS003976S in an order dated
July 18, 1986.
The Administrator reduced the tenant's rent based on a finding that
the owner had failed to maintain various services, including, in
pertinent part, that the bell and buzzer system was defective, and
that the bathtub faucet had a leak in the base.
The challenged order, dated July 21, 1987, denied the owner's rent
restoration application based on the results of an inspection
conducted on May 14, 1987, which disclosed that the bell and buzzer
system was not in operation and that there was a leak in the
bathtub hot water faucet. Other conditions that gave rise to the
rent reduction were found to have been corrected.
On appeal, the owner reiterated prior assertions that the bell and
buzzer had not been in operation for thirty years, and also pointed
to invoices previously submitted detailing various repairs.
The owner's PAR avers that the owner served the tenant on August
19, 1987. DHCR's then procedures permitted service of the PAR by
the party seeking administrative review.
Division records also reveal an order dated April 6, 1987, wherein
the Commissioner granted the owner's appeal per Docket No.
ARL12000B of the underlying rent reduction order, to the extent of
remanding the proceedings to the Administrator to first ascertain
if the bell and buzzer system was a required service before
directing the owner to repair the same. Therein, the Administrator
found that the remaining items constituted service reductions
warranting a rent reduction.
On remand per Docket No. BD610018RP the Administrator processed the
matter to consider all the service reduction items. By an order
dated September 1, 1987, the Administrator revoked the July 18,
1987 rent reduction order in its entirety based on a finding that
the tenant had failed to keep two inspection appointments. There
is no record of the appeal by tenant.
Since the Administrator revoked the rent reduction order, the
owner's appeal of the order denying rent restoration has been
The Commissioner also notes that duplicate administrative review
dockets were established inadvertently, per Docket Nos. BH610354RO
and BH610301RO. The proceedings per Docket No. BH610301RO, termi-
nated internally are hereby merged with the instant determination
per Docket No. BH610354RO.
THEREFORE, in accordance with the provisions of the Rent Stabili-
zation Law and Code, it is,
ORDERED, that the owner's petitions be, and the same hereby are,
terminated as moot.
JOSEPH A. D'AGOSTA