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.:
PETITIONER CH 630038-B
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 30, 1989, the above-named petitioner-owner filed a petition
for administrative review of an order issued on June 1, 1989, by
the Rent Administrator, concerning the housing accommodation known
as 1540 Pelham Parkway, Apt. 5-C, Bronx, New York, wherein the
Administrator reduced the rent by $6.00 per month for the subject
apartment upon a finding of a decrease in services.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
This proceeding was commenced by the filing by one tenant of a com-
plaint of a decrease in services building-wide. An inspection by
the Division confirmed the existence of some of the complained of
conditions and an order reducing the rent was issued on June 1,
1989. The order was mailed back to the Division by the tenant with
a note advising that she had moved out of the apartment.
In its PAR, the owner contends only that the tenant has withdrawn
the complaint, and has vacated the apartment owing 4 months rent.
The Commissioner is of the opinion that this PAR should be denied.
The letter from the tenant withdrawing the complaint which accom-
panied the owners PAR is dated June 15, 1989 after the date of the
An order reducing the rent remains in effect even though the tenant
has moved out of the apartment, until such time as there is an
order restoring the rent.
Based on the record the Commissioner finds that the Administrator
correctly determined that the owner had failed to maintain services
and properly reduced the rent.
This Order and Opinion is issued without prejudice to the owner's
right to file an application for a restoration of rents based upon
the restoration of services if the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent Stabiliza-
tion Law and Code, the City Rent Control Law, and the Rent and
Eviction Regulations, it is,
ORDERED, that this petition be, and the same hereby is, denied,
and the Rent Administrator's order be, and the same hereby is,
JOSEPH A. D'AGOSTA