CE410120RO
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.: CE410120RO
JOSEPH PECORARO RENT
ADMINISTRATOR'S DOCKET
NO.: CB410128S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On May 17, 1988 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued April 22, 1988. The order concerned housing
accommodations known as Apt 4-FN located at 1431 First Avenue, New
York, N.Y. The Administrator established the tenant's rent at
$1.00 pursuant to Section 2522.6 of the Rent Stabilization Code
based on the fact that the tenant had to involuntarily vacate the
subject apartment after a fire.
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 February 18, 1988 by
filing a Statement of Complaint of Decrease in Services and stated,
in sum, that his apartment had been rendered uninhabitable as the
result of a fire on February 17, 1988.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on March 12,
1988 and stated, in sum, that water, heat and temporary electricity
had been restored to the apartments in the building, that other
repairs were in progress and that the owner was willing to accept
a rent of $1.00 for the month of March.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on March 25, 1988 and
revealed smoke damage and the fact that gas was not being provided.
The inspector also reported that the tenant was not residing in the
apartment.
The Administrator issued the order here under review on April
22, 1988 and established the tenant's rent at $1.00 effective
CE410120RO
February 17, 1988, the date of the fire.
On appeal the owner, as represented by counsel, states that
the owner was not given a full and fair opportunity to be heard in
that, on April 8, 1988 the owner's attorney submitted a request to
be given until April 27, 1988 to file a supplementary answer but
the Administrator issued the order here under review on April 22,
1988. The owner further states that a rent reduction was not
warranted because the apartment was never rendered uninhabitable
and because the tenant was subjected to "minor inconveniences" in
service reductions. Finally, the owner states that the service
reductions found by the Administrator were de minimis and promptly
corrected by March 27, 1988. The petition was served on the tenant
on July 6, 1988.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
With regard to the owner's argument that it was not given a
full and fair opportunity to be heard, the Commissioner notes that
the owner filed an answer on March 12, 1988 wherein it agreed to
accept a rent reduction of the tenant's rent to $1.00 per month for
the month of March based on the admission that services had been
disrupted. The owner's April 8, 1988 request for additional time
to answer was received by the Administrator only after the order
was issued.
With regard to the owner's argument that the service
reductions were de minimis in nature, the Commissioner finds that
the fact that the tenant did not have gas in the apartment can not
be charactorized as a "minor inconvenience". The order here under
review was correctly issued and is affirmed.
The Commissioner notes that, on September 30, 1988 a stay of
the prospective application for the Administrator's order was
granted. This stay, as well as the automatic stay of the
retroactive rent abatement that resulted from the issuance of the
Administrator's order is vacated upon issuance of this order and
opinion. The owner may file for rent restoration if services have
been fully restored. The Commissioner notes that rent restoration
should be granted, if appropriate, effective the date upon which
the owner establishes that the apartment was rendered habitable.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
CE410120RO
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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