CH410102RT
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.: CH410102RT
PAUL SYLVER RENT
ADMINISTRATOR'S DOCKET
NO.: CA430105B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 15, 1988 the above named petitioner-tenant filed a
Petition for Administrative Review against an order of the Rent
Administrator issued July 20, 1988. The order concerned housing
accommodations known as Apt. 3F located at 1075 First Avenue, New
York, 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 January 27, 1988 by
filing a Statement of Complaint of Decrease in Building-Wide
Services wherein he alleged that the owner was not maintaining
certain required services including public areas in need of
cleaning, defective intercom system and the fact that the building
entrance door was not properly locked.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on February
29, 1988 and stated, in sum, that it was maintaining required
services in the building.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on April 5, 1988 and
revealed the following:
1. Public areas and stairs require cleaning,
2. Air shafts require cleaning,
3. Defective intercom,
CH410102RT
4. Building entrance door leading to vestibule is not
locked.
The Administrator issued the order here under review on July
20, 1988. A rent reduction of $15.00 per month was ordered for all
rent controlled tenants in the subject building. The Administrator
directed restoration of services with regard to the rent stabilized
tenants who signed the complaint.
On appeal the tenant states, in sum, that the owner has not
restored the services cited in the order directing restoration of
services. The petition was served on the owner on September 30,
1988.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The tenant has not stated a valid objection to the correctness
of the order here under review nor demonstrated that he has been
aggrieved in any way by the issuance of this order. Therefore, the
Commissioner is of the opinion that the order here under review
should be affirmed. If the owner has not restored services the
tenant's remedy is to commence a noncompliance proceeding with the
Division.
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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