CA130370RO
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.: CA130372RO
RAMESH SHAH
RENT
ADMINISTRATOR'S DOCKET
NO.: BH110087S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 22, 1988 the above named petitioner-owner timely
refiled a Petition for Administrative Review against an order of
the Rent Administrator issued November 12, 1987. The order
concerned housing accommodations known as Apt 3C located at 41-41
51st Street, Woodside, N.Y. The Administrator directed restoration
of services and ordered a rent reduction for failure to maintain
required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding on August 19, 1987 by
filing a Statement of Complaint of Decrease in Services wherein
she stated, among other things, that the oven door spring and the
gas pipe leading to the oven were broken.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on September
1, 1987. The response did not address the issues of the door
spring or pipe.
The Administrator ordered a physical inspection of the subject
apartment. Inspections were conducted on September 24, 1987 and
September 25, 1987 and revealed that the stove/oven door spring was
broken and that the gas pipe line had not been repaired. All other
services complained of were found to be maintained.
The Administrator issued the order here under review on
November 12, 1987 and ordered a rent reduction of an amount equal
to the percentage of the most recent guideline adjustment based on
CA130370RO
the inspector's report.
On appeal the owner's petition raises issues relating to
another rent reduction proceeding (Docket No. AH130022B) for which
the owner's appeal was decided in Docket No. BJ110278RO. The
issues are irrelevant to those in the instant proceeding. The
petition was served on the tenant on May 18, 1988.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The substance of the owner's petition does not relate to the
rent reduction ordered in Docket No. BH110087S and the owner's
response to the complaint did not address the conditions relating
to the oven door spring and gas pipe. Based on the foregoing and
on the results of the on-site physical inspection described above,
the Commissioner is of the opinion that the order here under review
was correctly issued and should be affirmed.
The automatic stay of the retroactive rent abatement which
resulted from the filing of this administrative appeal is vacated
upon issuance of this order and opinion. The owner may file for
rent restoration when services have been fully restored.
THEREFORE, pursuant to the Rent Stabilization Law and Code 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:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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