STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL
JAMAICA, NY 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
Seashore Management Co.
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on May 3, 1988, concerning the housing
accommodations known as 1177 East 98th Street, Apartment 4L,
Brooklyn, New York, wherein the Rent Administrator determined the
tenant's complaint of decreased services.
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 apartment, in that there were no blinds or screens in
the apartment when she took occupancy.
In an answer, the owner denied the allegations that the tenant was
entitled to these services.
Notices were sent to the tenant requesting verification of the
owner's assertions. The tenant failed to reply to the notices.
However, the Rent Administrator terminated the proceedings based on
an incorrect finding that the owner had failed to submit evidence.
In the petition for administrative review the owner points out that
it responded to the tenant's complaint and that no further
information was requested from the owner.
The tenant responded reiterating the contention in the complaint
below, that the owner was required to provide venetian blinds for
the subject apartment, and asserting that the owner is providing
these services for other apartments.
After careful consideration, the Commissioner is of the opinion
that the owner's petition should be granted.
The Rent Administrator's order is amended to reflect that the
tenant, not the owner, failed to submit information/evidence
necessary to process the case. In all other respects, the Rent
Administrator's order should be affirmed.
The Rent Administrator's determination, as amended, terminating the
proceedings based on a finding that the tenant defaulted below, is
without prejudice to the tenant's right to file a new complaint.
THEREFORE, in accordance with the provisions of Rent Stabilization
Law and Code, it is,
ORDERED, that the owner's petition be granted and that the Rent
Administrator's order be affirmed, as modified in accordance with
JOSEPH A. D'AGOSTA