Docket No. BI730241RO
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.: BI730241RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: AAL710027/0055B
Mrs. Fay Smith/DCA Realty Co. Premises: 31 Lenox Road,
c/o Horing & Welikson various apts.
Rockville Centre
New York
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
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 issue under consideration in this proceeding is whether the
Administrator's order was correct.
The owner appealed the Administrator's above-captioned order,
issued on August 28, 1987 which found that a reduction in services
existed at the above-captioned premises, to wit, that the carpeting
in the 1st and 2nd floor hallways was defective. The Administrator
furhter ordered a rent reduction at the subject premises.
On appeal, the owner contends that the rent reduction was
"unwarranted," inasmuch as repairs were underway at the time the
DHCR Inspector visited the subject premises. The Administrator's
order is based on the Inspector's findings. The owner further
contends that as a result of the Administrator's order, some
tenants would have their rent reduced twice.
The Commissioner is of the opinion that this petition should be
granted.
An examination of the record reveals that the tenants' original
complaint of service decreases named, in addition to the carpets
mentioned above, various other alleged decreases in service. The
DHCR Inspector's report states that these other alleged defects
Docket No. BI730241RO
alternatively had been repaired, were undergoing repair or didn't
exist. This examination additionally reveals that on November 5,
1987, some 2 months after the Administrator's Order was issued, the
Administrator received a letter from Mrs. Arlene Glantz, a tenant
of the subject premises. The Commissioner notes that Mrs. Glantz
was the lead signatory of the complaint, and that the complaint was
mailed to the DHCR in an envelope bearing Mrs. Glantz' name with
the return address. In the letter, Mrs. Glantz emphasizes that the
tenants only desired restoration of services and not a rent
reduction, as ordered by the Administrator. (An examination of the
complaint form confirms Mrs Glantz' contention.) Mrs. Glantz
further informs the Administrator that "At this point in time, the
complaints referred to have been satisfied".
Based on the above, the Commissioner finds that the complanned
of reductions in service were substantially repaired by the time of
the D.H.C.R. Inspection, and that the complaining tenants did not
desire a rent reduction. The Commissioner is thus of the opinion
that the Administrator erred both in finding a reduction in
services and in ordeing a rent reduction.
THEREFORE, in accordance with the provisions of the Tenant
Protection Regulations, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, granted, and, that the order of the Rent
Administrator be and the same hereby is, revoked. All rents
withheld by tenants as a result of the Administrator's order are to
be refunded to the owner over a period not exceed sixty (60)
months.
ISSUED:
Joseph A. D'Agosta
Acting Deputy Commissioner
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