DF 210267 RO
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.:
DF 210267-RO
LEON GOLDSTEIN
d/b/a SLOPE REALTY, RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER AB 210778-S
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed an Administrative Appeal
against an order issued on December 31, 1986, by the District Rent
Administrator, 92-31 Union Hall Street, Jamaica, New York,
concerning the housing accommodation known as 300 12th Street,
Brooklyn, New York, Apartment 16.
The issue herein is whether the District Rent Administrator
properly reduced the rent of the subject apartment.
The District Rent Administrator's order, appealed herein, reduced
the maximum rent, effective April 1, 1986, the first rent payment
date after the Division of Housing and Community Renewal (DHCR)
informed the owner of the tenant's complaint. The rent was reduced
to the level in effect prior to the last guideline increase.
On appeal, the petitioner-owner contends that the District Rent
Administrator ordered a reduction in rent for service derelictions
which were not mentioned in the tenant's complaint; that this was
a denial of its rights to due process and further that the tenant
never requested a rent reduction in his complaint.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be granted.
The tenant filed an Individual Tenant Statement of Complaint of
Decrease in Services on January 13, 1986, alleging, inter alia,
that the owner was not providing heat between 10:00 p.m. and 6:00
a.m., when the outside temperature is below 40 degrees.
DF 210267 RO
A copy of a letter dated January 8, 1985, was attached to the
original complaint specifying a medley of other requested repairs,
including repairs to the outside wall leading to the roof and a
request for storm windows.
However, a review of the initial complaint form and the attached
letter fails to show any specification of a lack of painting and
plaster services within the subject apartment or any complaint
about air seepage from the second bedroom window or loose panes and
rotted bedroom window frames.
Clearly, however, the appealed order reduced the tenant's rent,
based upon the findings of an inspection, held on July 14, 1989,
which showed the latter services to be wanting.
The Commissioner finds, therefore, that the District Rent Admin-
istrator erred by reducing the tenant's rent for repairs or
services, which were never mentioned in the tenant's complaint and
that, consequently, the rent reduction order should be revoked.
The Commissioner notes that the owner's claim on appeal stating
that the tenant never requested a rent reduction in its complaint
is borne out by the record. The Rent Stabilization Law and Code
preclude a rent reduction in the absence of such a request. It
was, therefore, error for the Administrator to order a rent
reduction when the tenant had not indicated on the complaint that
he wanted one.
If there are arrears due to the owner as a result of this deter-
mination, the tenant may pay off the arrears in twelve (12) equal
monthly installments.
THEREFORE, in accordance with the provisions of the Rent Stabili-
zation Law and Code, it is,
ORDERED, that this petition be, and the same hereby is, granted and
that the District Rent Administrator's order be, and the same
hereby is, revoked in accordance with this Order and Opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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