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.:DJ220213RO
(Refile of DH220168RO)
Vincent N. Amato, RENT ADMINISTRATOR'S
DOCKET NO.:CD220614S
SUBJECT PREMISES:
286 Devoe Street
Apt. 1L
PETITIONER Brooklyn, NY
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW AND
REVOKING ADMINISTRATOR'S ORDER
The above-named owner refiled and perfected a timely petition for
administrative review of an order issued on July 3, 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.
The Commissioner notes that in the owner's answer to the tenant in
the proceeding before the Administrator, the owner asserted inter
alia that the tenant filed a duplicate complaint under Docket No.
CD220274S; that the Administrator apparently failed to address this
issue; that the Administrator issued a rent reduction of three
dollars ($3.00) based on an inspector's finding of a defective
kitchen floor; and that in this petition, the owner contends in
substance that this rent reduction duplicated the Administrator's
order under Docket Number CD220274S.
The Commissioner finds as correct the owner's contention that the
tenant already had a rent reduction ($3.00) for the same condition
(a defective kitchen floor) under docket number CD220274S.
Accordingly, the owner's petition is granted and the Administrator's
order revoked.
This Order and Opinion is issued without prejudice to the owner's
right to file a rent restoration application if the facts so
warrant.
DJ220213RO
THEREFORE, in accordance with the Rent and Eviction Regulations and
Operational Bulletin 84-1, it is
ORDERED, that this petition be, and the same hereby is, granted, and
that the Administrator's order be, and the same hereby is, revoked.
ISSUED:
Lula M. Anderson
Deputy Commissioner
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