DH 130178 RO
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.: DH 130187 RO
KINGSWOOD MANAGEMENT CORP. DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: CK 110107 OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On August 23, 1989 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued July 6, 1989. The order concerned housing
accommodations located at 144-60 Sanford Avenue, Flushing , N.Y.
wherein the Administrator denied petitioner's application for
building wide rent restoration.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The owner commenced this proceeding on October 28, 1988 by
filing an application to restore rent. The owner stated that it
had restored services for which a rent reduction order (Docket No.
AB 130029 B) was issued on August 15, 1987. In that order, the
Administrator had ordered a building-wide rent reduction for the
following services deficiencies:
1. Broken windows in basement areas,
2. Storage areas taken from tenants.
The application was served on the tenants, and an opportunity was
afforded for them to answer.
Seventeen tenants responded to the application on January 6,
1989. All stated that the broken windows had been repaired and the
storage area had been restored.
The Administrator ordered a physical inspection of the
building. That inspection was carried out on April 28, 1989 and
revealed that three windows in the basement were broken and the
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basement storage area was not for the tenants' use. The
Administrator issued the order here under review on July 6, 1989,
and denied the application. The Commissioner notes the following
additional facts regarding this rent reduction:
1. The owner had previously filed for rent restoration
(Docket No. BK 130041 OR). The application was
denied based on an inspector's report which stated
that several basement windows were broken.
2. On April 15, 1991 the Administrator granted rent
restoration to the petitioner. (Docket No. EL 130116
OR)
On appeal the owner, through counsel, makes the following
arguments in favor of reversing the order here under review:
1. Order BK 130041 OR, wherein the owner had
previously sought rent restoration, did not
list the storage space issue as one not being
maintained. Therefore, as of August, 1988
the storage space should be deemed restored,
2. The owner filed a Petition for Administrative
Review from the denial of Docket No.
BK 130041 OR (Administrative Review
Docket No. CI 130116 RO) in which it sought
reversal of that order. In the tenants
association response to that petition, the
tenants stated that the windows in question
were repaired in July, 1988 and the basement
storage area was returned to the tenants on
August 1, 1988. Thus, the tenants themselves
have corroborated the owner's statements in the
restoration application. The Commissioner notes
that the record herein contains a copy of the tenants
association statement.
One tenant filed a response to the petition on December 11,
1989, and stated her full agreement with the statement of the
tenants association discussed above.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted,
the Administrator's order revoked, and the rent restored effective
August 1, 1988.
The Commissioner finds that the statements of the seventeen
tenants who filed responses before the Administrator were
sufficient to demonstrate that services had been restored. Since
no tenant disputed the statements in the application, there was no
need for the Administrator to have ordered a physical inspection of
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the building. The Commissioner finds that the Administrator's
order should be revoked and the rent restored effective August 1,
1988. This is consistent with the evidence in the record regarding
the date all parties agree that the services were restored. Based
on this determination, there is no need to address the other
arguments made by the owner.
If arrears are due and owing to the owner based on this
determination of the Commissioner, the tenants may pay off said
arrears in twelve equal monthly installments. If any tenant has
vacated their apartment, said arrears are due and payable
immediately.
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 and it is further
ORDERED, that the rents reduced by Order No AB 130029 B be,
and the same hereby are, ordered restored effective August 1, 1988.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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