CD510029RO
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.: CD510029RO
FT. TRYON APARTMENTS RENT
ADMINISTRATOR'S DOCKET
NO.: BG510823S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On April 5, 1988 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued March 1, 1988. The order concerned housing
accommodations known as Apt. 7A located at 4489 Broadway, 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 June 1, 1987 by filing
a Statement of Complaint of Decrease in Services wherein he
alleged, in sum, that the owner was not maintaining required
services. The complaint was served on the owner at the address set
forth in the complaint. The owner did not file a response.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on January 14, 1988 which
confirmed the allegations set forth in the complaint. the
Administrator issued the order here under review on March 1, 1988
and ordered a rent reduction based on the inspector's report.
On appeal the owner states that it was never properly served
with a copy of the complaint. The petition was served on the
tenant on May 23, 1988.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
and the order here under review should be revoked.
A review of DHCR records confirms the owner's allegation to
CD510029RO
the effect that the complaint was not properly served at the
address on file with the Division in 1987. Since the owner was not
given proper notice of the complaint and an opportunity to be
heard, the resulting order is defective and must be revoked. The
Commissioner notes that the owner's rent restoration application,
which was assigned Docket No. CD410004OR, has been granted by the
Administrator.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that this petition be, and the same hereby is,
granted, and that the Rent Administrator's order be, and the same
hereby is, revoked. Any arrears owed by the tenant as a result of
this order and opinion may be repaid in twenty-four (24) equal
monthly installments or immediately if the tenant vacates.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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