ADM. REVIEW DOCKET NO.: DK-210359-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.:
DK-210359-RO
:
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: CG-220527-S
A. VASILAKOS,
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 10, 1989, the above-named petitioner owner filed
a Petition for Administrative Review (PAR) against an order
issued on October 3, 1989 by the Rent Administrator at Gertz
Plaza, concerning the housing accommodation known as 5922 Eighth
Avenue, Brooklyn, New York, 2nd floor, wherein the Administrator
determined the tenant's complaint of a reduction of individual
services.
Although the owner responded that conditions had been or
were in the process of being corrected, a subsequent inspection
confirmed some of the conditions reported by the tenant. Based
on the results of the inspection, the Administrator reduced the
tenant's rent-controlled rent for inadequate hot water (7 1/2%),
a rotted floor in the foyer area ($3.00) and leak damage in the
master bedroom and bathroom ceiling ($6.00).
On appeal, the owner claims that the rent reduction was
excessive in light of the tenant's already low controlled rent,
that the hot water temperature was adequate, and that the
ceiling leaks occurred after the owner's answer.
The applicable law is Section 2202.16 of the Rent and
Eviction Regulations.
The Commissioner finds that the rent reductions granted
reflected the usual reductions for the conditions cited. The
owner's claim of adequate hot water was belied by the
inspector's report. Also, the tenant's complaint cited the
damaged ceiling condition. Consequently, the owner's petition
should be denied.
THEREFORE, in accordance with the provisions of the Rent
ADM. REVIEW DOCKET NO.: DK-210359-RO
and Eviction Regulations and the City Rent Control Law, it is
ORDERED, that the owner's petition be and the same hereby
is denied, and the Administrator's order be and the same hereby
is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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