STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE
APPEAL OF ADMINISTRATIVE REVIEW
DOCKET NOS: EH210269RO
Free Republic Holding Corporation D.R.O. DOCKET NO:
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 22, 1990, the above-named petitioner filed a Petition
for Administrative Review against an order issued on July 20,
1990 by the Rent Administrator of the Gertz Plaza, Jamaica,
District Rent Office concerning the housing accommodations known
a 353 Tompkins Avenue, Apt. 2R, Brooklyn, NY.
The Administrative Appeal is being determined pursuant to the
provisions of 9NYCRR 25234.
The issue herein is whether there was a decrease in services
warranting reduction of the legal regulated 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.
On May 24, 1989 the tenant filed a complaint of decrease in
services, alleging various decrease in service.
In its answer, dated June 23, 1989, the owner responded to the
above complaint by stating that all repairs were done, but were
delayed due to lack of access.
On June 26, 1990 a physical inspection of the subject housing
accommodation was conducted by the DHCR. The inspector's report,
confirmed existence of the complained of conditions.
On July 20, 1990, the Rent Administrator issued an order based
Docket No. EH210269RO - 2 -
on the report of the physical inspection, reducing the legal
regulated rent by the percentage of the most recent guidelines
adjustment for the tenant's lease which commenced before July 1,
1989, the effective date of the order, and directing the owner to
refund to the tenant all amounts collected in excess of the
reducing rent since the above mentioned effective date.
In its petition, the owner contends that the decreases in
service are due to "abuse, misuse, and neglect by the tenant.
Owner also reiterates its allegation of lack of service.
The Commissioner is of the opinion that this petition should be
Despite the owner's assertions, the physical inspection report
disclosed the complained of conditions existed and, the
Commissioner finds that the rent reduction is warranted.
As for owner's allegation of lack of access:
A search of the record fails to reveal any supporting evidence
which would in any way tend to support owner's claim.
This order is issued without prejudice to the owner's right to
file the appropriate application for restoration of the rent, if
the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and the
same hereby is, denied, and, that the order of the Rent
Administrator and the same hereby is, affirmed.