CH410225RO
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.:
CH410225RO
VALERIE JOHNSON, RENT ADMINISTRATOR'S
DOCKET NO.:
TC055651
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On August 25, 1988, the above-named petitioner-owner filed a peti-
tion for administrative review (PAR) of an order issued on July 20,
1988, by the Rent Administrator, concerning the housing accommoda-
tion known as Apartment 6-K at 65 Morton Street, New York,
New York, wherein the Administrator determined that the owner was
not providing storage space, directed restoration of such service,
and ordered a rent reduction of $5.00 per month.
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.
The record indicates that the tenant occupies a rent-controlled
apartment and commenced this proceeding by filing an objection to
Rent/Services Registration Form on November 21, 1984. The tenant
stated that certain building services had been omitted from the
Building Services Registration. There is no indication that the
objection form was served on the owner.
Nevertheless, a DHCR inspector visited the premises on May 24, 1988
and reported that storage space in the building had been
discontinued by the owner. Based on this inspection, the Rent
Administrator issued the order appealed herein.
On appeal, the owner asserts that the 1943 Rent Control card for
this building, a copy of which was enclosed, does not mention
storage space.
The petition was served on the tenant on October 12, 1988. The
tenant answered, stating that storage space was provided for many
years until it was recently discontinued by the owner.
After careful consideration of the entire record, the Commissioner
is of the opinion that the petition should be granted and the Rent
Administrator's order should be revoked.
This proceeding was improperly docketed as an objection to the 1984
Building Registration Statement when such a proceeding was not
available to rent-controlled tenants for whom the registration re-
quirements specified in Chapter 403 of the Laws of 1983 were not
applicable. The objection was converted to a complaint of failure
to maintain required services but without service on the owner.
The Division's records reveal that the issue of storage space is
being resolved in other proceedings.
THEREFORE, in accordance with the Rent and Eviction Regulations for
New York City, it is
ORDERED, that this petition be, and the same hereby is, granted and
the Rent Administrator's order be, and the same hereby is, revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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