CD220258RO
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 NO.: CD220258RO
Salvatore Realty Corp.,
RENT ADMINISTRATOR'S
DOCKET NO.: BE220215S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On April 8, 1988, the above-named petitioner-owner filed a petition
for administrative review (PAR) of an order issued on March 31,
1988, by the Rent Administrator, concerning the housing
accommodation known as 636 Dahill Road, Brooklyn, N.Y., Apt.#6,
wherein the Administrator determined that a reduction in rent was
warranted based upon a reduction in services.
The Rent Administrator also directed full restoration of services.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the administrative appeal.
The issue herein is whether the Rent Administrator properly reduced
the rent of the subject apartment.
On May 18, 1987, the tenant filed a complaint alleging that the
owner failed to maintain essential services in the subject
apartment.
A DHCR inspection conducted on October 28, 1987, revealed that:
1. Kitchen window has a broken screen-lower sash does not stay
open.
2. Bedroom and bathroom ceilings and walls have peeling paint and
plaster, cracks and leaks bedroom walls cracked and have
peeling paint and plaster.
On appeal, the petitioner-owner asserted, in pertinent part, that
it was never properly served with a copy of the tenant's complaint
CD220258RO
and that the tenant provided the DHCR with an incorrect owner's
mailing address.
The petition was served on the tenant on June 24, 1988.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be granted.
For rent controlled tenants, Section 2202.16 of the Rent and
Eviction Regulations provides that a finding that an owner failed
to maintain essential services may result in an order of decrease
in maximum rent, in an amount determined by the discretion of the
Rent Administrator, to reflect the decreased rental value because
of the decrease in services.
A review of the record in the instant case reveals that the
petitioner owner was never served with a copy of the tenant's
complaint and was not given an opportunity to participate in the
proceeding before the Rent Administrator.
The Notice and Transmittal of Tenant's Complaint, dated May 28,
1987, was incorrectly addressed, thus depriving the owner of its
right to due process. Division records show that the tenant is no
longer an occupant of the subject apartment.
Accordingly, the Commissioner finds that the Rent Administrator
erred by issuing the order of March 31, 1988.
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 be, and the same hereby is, revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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