ADM. REVIEW DOCKET NO.: CB410086RO
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.:
CB410086RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
BG420297S
SUSAN WEINSTEIN
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On February 18 and 23, 1988, the above-named petitioner-owner
filed petitions for administrative review of an order issued on
February 12, 1988, by the Rent Administrator (PAR), concerning the
housing accommodation known as 560 West 163rd Street, New York, NY,
Apartment 67, wherein the Administrator reduced the tenant's rent
upon a finding of a decrease in apartment services.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
In the PARs, the petitioner-owner contends that she never
received the tenant's complaint in the proceeding below and had no
opportunity to answer it and, furthermore, that there has already
been a rent reduction pursuant to an order in Docket USC 001514-B.
Therefore, the rent reduction in the order herein is unauthorized.
ADM. REVIEW DOCKET NO.: CB410086RO
A review of the record in the proceeding below shows that
notice of the tenant's complaint was mailed to the owner on
September 1, 1987. The record also contains the owner's response
which is dated September 28, 1987 and was received by the Division
on October 2, 1987. The response recites the apartment conditions
which were the subjects of the tenant's complaint and alleges that
all repairs concerning these conditions have been made.
A physical inspection of the apartment on December 21, 1987 by
a DHCR employee confirmed that many of the repairs had not been
made. Based on this inspection, the Rent Administrator issued the
order appealed herein reducing the rent by $22.50 per month
pursuant to Section 2202.16 of the Rent and Eviction Regulations.
The Commissioner is of the opinion that this petition should
be denied. Owner's allegation that notice of the tenant's
complaint was not received and that there was no opportunity to
reply is clearly contradicted by the record. Furthermore, a review
of Docket No. USC001514-B clearly shows that the conditions for
which a rent reduction was ordered at that time are not the same
conditions as those cited in the Administrator's order herein.
This Order and Opinion is issued without prejudice to the
owner's rights as they may pertain to a de novo application to the
Division for a restoration of rent based upon the restoration of
services.
THEREFORE, in accordance with the City Rent Control Law and
the Rent and Eviction Regulations, it is
ORDERED, that this petition be and the same hereby is denied,
and the Administrator's order issued on February 12, 1988 be and
the same hereby is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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