CE220118RO
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.:
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JAMES CROSSMAN,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BK220037S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 25, 1988, the above-named owner filed a timely petition for
administrative review against an order issued concerning the
housing accommodation known as 245 Sullivan Place, Brooklyn,
New York, Apartment A-6.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised in this petition.
The tenant commenced the proceeding below by filing a complaint
asserting that the owner had failed to maintain certain required
services.
Thereafter, on December 30, 1987, a staff inspector conducted an on
site inspection of the subject apartment and reported as follows:
1. The bathtub faucet leaks,
2. The pipe to the flushometer leaks behind the
bowl,
3. The kitchen sink faucet leaks,
4. There is a gas leak coming from the oven, and
5. The freezer door is broken.
Based thereon, the Rent Administrator, by order dated April 25,
1988, directed restoration of these services and further ordered a
reduction of the legal regulated rent.
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In the petition for administrative review, the owner asserts that
the Division of Housing and Community Renewal (DHCR) did not notify
the owner of the tenant's complaint.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
Division records disclose that on December 7, 1987, the DHCR mailed
to the owner a Notice and Transmittal of Tenant's Complaint to the
address of 215-44 Murdock Avenue, Queens Village, New York 11429,
the owner's registered address. That envelope was not returned by
the Post Office.
Therefore, this petition does not establish any basis for modifying
or revoking the Administrator's order which determined that the
owner was not maintaining required services based on a staff
inspection confirming the existence of defective conditions for
which a rent reduction is warranted.
The owner may file a rent restoration application if the facts so
warrant.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and the Emergency Tenant Protection Act of 1974, 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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