CI430005RT
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.: CI430005RT
ALAN M. KOHN RENT
ADMINISTRATOR'S DOCKET
NO.: BL430078OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 12, 1988 the above named petitioner-tenant filed
a Petition for Administrative Review against an order of the Rent
Administrator issued August 19, 1988. The order concerned various
housing accommodations located at 55 Morton Street, New York, N.Y.
The Administrator granted the owner's rent restoration application.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The owner commenced this proceeding on December 29, 1987 by
filing a rent restoration application wherein it stated that it had
restored services for which a rent reduction order bearing Docket
No. BB430089B had been issued. The Commissioner notes that the
rents had been ordered reduced based on a finding of a defective
elevator.
The tenants were served with a copy of the application and
afforded an opportunity to respond. The petitioner-tenant herein
did not file a response.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on February 29, 1988 and
revealed that the elevator was operative and leveled on each floor.
The Administrator issued the order here under review on August 19,
1988 and ordered rent restoration based on the inspector's report.
On appeal the tenant raises arguments with respect to portions
of the original complaint of decrease in services for which he
believes rent reductions should have been ordered. The petition
was served on the owner on October 11, 1988.
CI430005RT
The owner, as represented by counsel, filed a response on
October 28, 1988 and stated that the tenant was barred from raising
objections to the rent reduction order in an administrative appeal
of the rent restoration order.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The owner is correct in that the petitioner may not utilize an
administrative appeal proceeding against a rent restoration order
to collaterally attack the underlying rent reduction order. The
tenant has not raised a valid objection to the order here under
review. The order was correctly issued and is affirmed.
THEREFORE, pursuant to the Rent Stabilization Law and Code and
Rent and Eviction Regulations 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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