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.:DF210198RO
Carol Novarro/ Dandale Gardens Inc., RENT ADMINISTRATOR'S
DOCKET NO.:CC210413S
SUBJECT PREMISES:
8615 Bay Parkway
Apt. C2
Brooklyn, NY
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW IN
PART AND MODIFYING ADMINISTRATOR'S ORDER
The above-named owner filed a timely petition for administrative
review of an order issued on May 17, 1989 concerning the housing
accommodations relating to the above-described docket number.
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.
In this petition, the owner contends in substance that all work was
done as substantiated by a copy of a tenant's letter dated May 6,
1988. DHCR mailed a copy of the petition to the tenant who filed an
answer on October 2, 1989, asserting that the conditions were
repaired and that she never had a rent reduction.
Based on the unique facts of this case, the Commissioner is of the
opinion that the petition should be granted in part to the extent
that the rent is restored as of November 1, 1989, the first rent
payment date of the month following the filing of the tenant's
answer to the petition. The Administrator's order is modified
accordingly.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, granted in
part to the extent that the rent is restored as of November 1, 1989,
the first rent payment date of the month following the filing of the
tenant's answer to the petition; and that the Administrator's order
be, and the same hereby is, modified in accordance with this Order
and Opinion.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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