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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
APPEALS OF DOCKET NOS.:
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EF210237RT
CAPE MANAGEMENT CORP. RENT
MARTIN NEWMARK ADMINISTRATOR'S DOCKET
NO.: DE230170OR
PETITIONERS
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ORDER AND OPINION DENYING PETITIONS FOR ADMINISTRATIVE REVIEW
The above referenced administrative appeals have been
consolidated as both contain common issues of law and fact.
The above named petitioner-owner timely refiled a Petition for
Administrative Review against an order of the Rent Administrator
issued May 18, 1990. The above named petitioner tenant filed a
timely administrative appeal from the same order. The order
concerned various housing accommodations located at 4200 Avenue K,
Brooklyn, N.Y. The Administrator granted the owner's rent
restoration application for all but one rent stabilized tenant in
the subject building.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by these
appeals.
The owner commenced this proceeding on May 8, 1989 by filing
a rent restoration application wherein it stated that it had
restored services for which a rent reduction order bearing Docket
No. AL230090B had been issued.
The tenants were served with a copy of the application and
afforded an opportunity to respond. Various tenants filed responses
and stated, in sum, that the owner had not restored services and
that the application should be denied.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on February 5, 1990 and
revealed that the courtyards were clean and that the intercoms were
audible for all apartments except Apt. 4-JJ.
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On February 21, 1990 the Administrator sent the owner a notice
informing it that the intercom in Apt. 4-JJ was not functioning
properly. The owner was afforded 20 days to repair the intercom
and provide proof that repairs had been made. The owner failed to
respond to the notice.
The Administrator issued the order here under review on May
18, 1990. Rent restoration was ordered for all rent stabilized
tenants except the tenant in Apt. 4-JJ. Rent restoration was
denied for that tenant.
Both the owner and one tenant have filed appeals from the
Administrator's order. The tenant states that the intercom was not
repaired and that the courtyard was only partially cleaned. The
tenant's petition was served on the owner on July 12, 1990.
The owner filed an administrative appeal with regard to the
Administrator's denial of rent restoration for Apt. 4-JJ. The
owner states that the intercom for Apt. 4-JJ was repaired. The
owner provides a letter from the tenant wherein the tenant states
that his intercom is in working condition. The petition was served
on the tenant on July 23, 1990.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petitions should be denied.
With regard to the tenant's petition, the Commissioner notes
that the owner had previously filed a rent restoration application
for this one apartment only. The application was assigned Docket
No. CI210072OR and was granted by order issued on May 10, 1989.
The rent was restored for the petitioner's apartment only effective
November 1, 1988. The tenant filed an administrative appeal of
that order which was denied. (Docket No. DF210099RT). Since the
Administrator had already restored the rent for this tenant in the
order described above, the order appealed herein had no effect and
there is no issue to be resolved on appeal. The petition is,
therefore, denied.
With regard to the owner's petition, the Commissioner notes
that the Administrator based this determination on the report of
the DHCR inspector. The inspector reported that the intercom was
not operating properly. The Administrator then sent the owner a
notice informing it of the results of the inspection and affording
it the opportunity to make repairs. The owner did not respond to
this notice. The Administrator properly denied rent restoration
for Apt. 4-JJ. The order here under review is affirmed.
The Commissioner further notes that the owner submitted a copy
of a letter from the occupant of Apt. 4-JJ. The tenant stated
that the intercom in question was repaired as of June, 1990. Based
on this submission, the Commissioner orders rent restoration for
the tenant in Apt. 4-JJ effective July 1, 1990, the first rent
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payment date following restoration of services. Any arrears due
and owing the owner based on this determination may be paid by the
tenant in twenty four (24) equal monthly installments.
THEREFORE, pursuant to the Rent Stabilization Law nd Code it
is
ORDERED, that these petitions be, and the same hereby are,
denied, and that the Rent Administrator's order be, and the same
hereby is, affirmed and it is further
ORDERED that the rent of the tenant in Apt. 4-JJ is ordered
restored effective July 1, 1990.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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