STATE OF NEW YORK
                            OFFICE OF RENT ADMINISTRATION
                                     GERTZ PLAZA
                               92-31 UNION HALL STREET
                               JAMAICA, NEW YORK 11433

          APPEAL OF                               DOCKET NO.: 
                   HANDLER & COMPANY,               
                                                  RENT ADMINISTRATOR'S
                                   PETITIONER     DOCKET NO.:
          ----------------------------------x     CB410747S 


          On March 29, 1989, the above-named petitioner-owner filed a 
          petition for administrative review (PAR) of an order issued on 
          February 27, 1989, by the Rent Administrator, concerning the 
          housing accommodation known as 135 East 50th Street, Apartment 9-B, 
          New York, New York, wherein the Administrator determined that the 
          owner had failed to maintain certain services and ordered a 
          reduction of rent.

          The Commissioner has reviewed all of the evidence in the record and 
          has carefully considered that portion of the record relevant to the 
          issues raised by the administrative appeal.

          This proceeding was commenced by the filing of a complaint of 
          reduction in services by the tenant.  A copy of the tenant's 
          complaint was served on the owner on May 23, 1988.  Thereafter, on 
          February 1, 1989, an inspection of the apartment confirmed one or 
          more of the complained of conditions resulting in the issuance of 
          the order herein appealed.

          In the PAR, the owner contends that the order was an abuse of the 
          Administrator's discretion, that a new managing agent was appointed 
          in October, 1988, but all notices of the Administrator were incor- 
          rectly directed to the premises address, that all conditions in the 
          apartment were corrected except for the hot and cold water mixing 
          valve because the proper party was not notified of the complaint, 
          and that the effective date of the rent reduction should have been 
          the first rent payment date after inspection.


          After careful consideration, the Commissioner is of the opinion 
          that the petition should be denied.
          A review of the Division's records does not indicate, and the owner 
          does not allege, that a notice of change in identity had been 
          filed.  The address used by the Administrator in the processing of 
          this complaint was the address given by the owner in the 1988 
          registration statement which was the last statement filed with this 
          Division before issuance of the Administrator's order.

          Therefore, pursuant to Section 2527.3 of the Rent Stabilization 
          Code the owner was correctly notified of the tenant's complaint.

          The Commissioner rejects the owner's contention that the effective 
          date of the rent reduction cannot precede the date of the Divi- 
          sion's inspection.

          An order reducing the rent is effective on the first day of the 
          month following service on the owner of the tenant's complaint.  
          Here, the tenant's complaint was served on the owner on May 23, 
          1988.  Thus the effective date of the rent reduction was correctly 
          determined by the Administrator to be June 1, 1988.

          The petitioner's other contentions have been reviewed and are found 
          to be without merit.

          THEREFORE, in accordance with the Rent Stabilization Law and Code, 
          and the Emergency Tenant Protection Act of 1974, it is

          ORDERED, that this petition be, and the same hereby is, denied, and 
          that the Rent Administrator's order be, and the same hereby is, 


                                                JOSEPH A. D'AGOSTA
                                                Deputy Commissioner

TenantNet Home | TenantNet Forum | New York Tenant Information
DHCR Information | DHCR Decisions | Housing Court Decisions | New York Rent Laws
Disclaimer | Privacy Policy | Contact Us

Subscribe to our Mailing List!
Your Email      Full Name