DC 530318 RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DC 530318 RO
ARAGONA MANAGEMENT, DRO DOCKET NO.: CC 530097-B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 16, 1989, the above-named petitioner-owner filed a
Petition for Administrative Review (PAR) against an order issued
on February 10, 1989, by the Rent Administrator of the Gertz
Plaza, Jamaica, New York, District Rent Office concerning the
housing accommodations known as 643 West 171 Street, New York, New
York, wherein the Administrator determined the tenant's complaint
of a reduction of building-wide service.
An inspection was conducted on December 12, 1988, by a member of
the Division's inspection staff. Based on the results of the
inspection, the Administrator reduced the rents for rent con
trolled tenants by $5.00 per month, due to a part missing on the
lobby handrail ($2.00), a cracked window pane ($2.00) and missing
chains on two windows ($1.00).
On appeal, the petitioner claims that the owner never received a
copy of the tenant's complaint. However, the petitioner's claim
of lack of notice is contradicted by the record below. The
Administrator served the complaint on the owner on May 6, 1988.
The owner responded, in writing, on May 25, 1988, setting forth
that services were maintained and that repairs were completed.
No other errors of law or fact were alleged.
Division records also reveal that a rent restoration application
has been filed.
THEREFORE, in accordance with the provision of Chapter 403, Laws
of 1983 as amended by Chapter 102, Laws of 1984, it is
ORDERED, that this petition be, and the same hereby is, denied,
and that the District Rent Administrator's order be, and the same
hereby is, affirmed.
JOSEPH A. D'AGOSTA