ADM. APPEAL DOCKET NO. CI - 530028 - RO
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 APPEAL
APPEAL OF DOCKET NO.
CI-530028-RO
:
RENT ADMINISTRATOR'S
DOCKET NO.
BB-530048-B
HRS EQUITIES C/O
MILBROOK PROPERTIES
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On September 1, 1988, the above-named petitioner-owner filed
an Administrative Appeal against an amended order issued on August
12, 1988, by the Rent Administrator, 92-31 Union Hall Street,
Jamaica, New York, concerning the housing accommodations known as
520 Isham Street, New York, N. Y., Various apartments.
The issue herein is whether the Rent Administrator properly
issued the reduction order of August 12, 1988.
The Rent Administrator's order, appealed herein, found that a
diminution of service had occurred and reduced the rent of the
subject rent controlled apartments by $5.00 per month. This order
was based upon an inspection which showed that the building
entrance door lock was defective and broken.
On appeal, the petitioner-owner asserted that a previous rent
reduction order for the same service item was issued and that the
order of August 12, 1988 is a duplication of the earlier order.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be granted.
A review of the file shows that the tenants of the subject
building filed a Statement of Complaint of a Decrease in Building-
wide services on February 4, 1987.
ADM. APPEAL DOCKET NO. CI - 530028 - RO
The Commissioner notes that the appealed order reducing the
rent of the various apartments, duplicated an earlier order of the
Rent Administrator issued on September 9, 1987 and both orders were
based on the identical complaint.
The appealed order reduced the rent of the subject apartments
based upon the owner's failure to maintain and repair the front
door lock and this was one of the items for which the rent was re-
duced in the earlier order issued under docket number BC-530110-B.
Accordingly, the Rent Administrator erred in issuing the order
of August 12, 1988 since an order had already been issued resolving
the tenants' complaint and the Commissioner finds that the order
appealed herein must be revoked.
THEREFORE, in accordance with the provisions of the Rent and
Eviction Regulations for New York City, it is
ORDERED, that this petition be, and the same hereby is,
granted, and the Administrator's order of August 12, 1988, be, and
the same hereby is, revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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