Docket No. DE710534RT
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.: DE710534RT
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: DA710036OR
Premises: 20 Wendell St.,
Patricia Olds Apt. 29A,
Hempstead, NY
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for
administrative review of an order issued concerning the housing
accommodations described above.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant to
the issues raised by the petition.
On June 20, 1988, the Administrator, under Docket #HBL 710023-S
found various decreases in service of the subject apartment and
thus ordered a rent reduction. In response, the owner filed an
Application to Restore Rent with the Administrator, contending that
the decreases in service cited by the Administrator had been
corrected. The owner included with its Application a bill from a
repairman.
The tenant responded to the owner's Application by alleging
that the owner had not reduced her rent as directed by the above-
cited order.
The Administrator issued an Order Restoring Rent under the
above-captioned docket number, finding that the owner had restored
services, and thus directing a rent restoration. In the order, the
Administrator was of the opinion that the issue raised by the
tenant in her response "... must be addressed in an overcharge
complaint, and cannot be addressed herein."
On appeal, the tenant essentially reiterates her argument made
Docket No. DE710534RT
below, namely, that the owner hadn't complied with the
Administrator's order reducing rent.
The Commissioner is of the opinion that this petition should be
denied.
An examination of the record reveals that the owner filed the
Application for Rent Restoration after it received a letter from
the Compliance Bureau notifying it that "the tenant has advised
this office that the condition(s) cited in the Order have been
corrected." Tenant's response to the Application contains the
sentence "It does not profit me to falsify to the effect that
repairs have been completed and the landlord is trying to collect
additional rent and he hasn't complied with the order reducing
maximum rent (sic) issued on June 20, 1988." The cryptic reference
in that sentence to repairs is the only mention either before the
Administrator or on appeal, of the issue of whether or not the
owner repaired the decreases in services. This ambiguous
reference, together with the Compliance Bureau letter tend to
indicate that the tenant concedes below that repairs were made.
The tenant does not make any new allegations concerning repairs on
appeal. The essence of tenant's argument, both below and on
appeal, is the allegation that the owner did not reduce rent as it
was directed to do so by the Administrator in the original order
finding a decrease in service. The Commissioner thus agrees with
the Administrator's finding in the order presently under review
that the tenant alleged a rent overcharge, and should thus file a
complaint of rent overcharge and/or file a Request for a Rent
Registration update in order to determine the amount of the monthly
rent for the subject apartment.
THEREFORE, in accordance with the provisions of the Tenant
Protection Regulations, it is
ORDERED, that this petition for administrative review be, and
the same hereby is denied and that the Administrator's order
granting the owner a rent restoration be, and the same hereby is,
affirmed.
ISSUED:
Joseph A. D'Agosta
Deputy Commissioner
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