CF 120207-RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NOS.:
CF 120207-RO
MONTE CARLO LEASING CO., RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BL 120012-B
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
IN PART
On June 27, 1988, the above-named petitioner-owner filed a
Petition for Administrative Review (PAR) against an order issued
by the Rent Administrator at Gertz Plaza, Jamaica, New York,
concerning the housing accommodation known as 631 Beach 9th
Street, Queens, New York, Apartment 6-F, wherein the Adminis-
trator determined the tenant's complaint of a reduction of
services.
The challenged order reduced the tenant's rent based on the
results of an inspection conducted on February 17, 1988. As the
legal status of the tenant was not known, the order provided for
a $9.00 rent reduction if rent control laws applied, or for a
reduction of the rent to the level in effect prior to the last
guideline increases which commenced before the effective date of
the rent reduction, February 1, 1988, if rent stabilization laws
applied.
On appeal, the owner points out that the building s fully sta-
bilized, that the tenant filed the complaint individually and not
as a tenants' representative, and that therefore, a building-wide
rent reduction was not appropriate. No other errors of law or
fact were alleged.
The applicable law is Section 2520.6(r) and 2523.4.
An examination of Division records confirms that all tenants,
including the complainant were rent stabilized. The rent reduc-
tion granted pursuant to rent stabilization provisions is
affirmed. However, the Administrator's order is amended to
delete that part of the order which specified a $9.00 per month
rent reduction pursuant to rent controlled provisions.
The Commissioner further points out that the Administrator's
order granted a rent reduction to the complainant only, and to no
other tenants.
CF 120207-RO
THEREFORE, in accordance with the provisions of the Rent Stabili
zation Law and Code, it is,
ORDERED, that this petition be, and the same hereby is, granted
to the extent that the Rent Administrator's order be modified to
delete reference to rent reductions pursuant to rent control
provisions.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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