EL-110402-RT
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.:
EL-110402-RT
SOL SARISON & EL-110259-RT
MEYER YOMTOV RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONERS ED-130043-OR
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ORDER AND OPINION GRANTING PETITIONS FOR ADMINISTRATIVE REVIEW
The above-named petitioner tenants, filed timely Petitions for
Administrative Review against an order of the Rent Administrator
issued November 5, 1990. The order concerned housing accommoda-
tions, known as Apartments 1-C and 1-D, located at 63-90 Austin
Street, Rego Park, New York. The Administrator ordered a partial
rent restoration by reason of the own r restoring certain ser-
vices.
The Commissioner has reviewed the record and carefully considered
that portion of the record relevant to the issues raised by these
appeals.
The owner commenced this proceeding on April 4, 1990 by filing a
rent restoration application. In Order No. AI 130050-B the
Administrator had ordered a rent reduction of $16.00 for rent
controlled tenants and a guideline for rent stabilized tenants by
reason of the existence of four service deficiencies to wit -
defective intercom, public area peeling paint and plaster, defec
tive public hallway windows, and defective vestibule door.
When the owner filed for restoration the Administrator ordered a
physical inspection. That inspection was held on October 9,
1990. The inspection revealed that the intercom was working
properly and new windows were installed throughout the public
hallways. The Administrator ordered a $7.00 per month rent res-
toration.
In their petition the tenants assert that the apartments are rent
stabilized and not rent controlled. A check of DHCR records
shows that the tenants are correct. The petition is granted.
A rent stabilized apartment which is the subject of a rent
reduction order for decreased services cannot have the rent
restored until all the services are restored. In this case only
two of the four services deficiencies were found to be restored.
EL-110402-RT
The Administrator's order must be revoked. The owner may file a
new application when all services have been fully restored.
THEREFORE, in accordance with the Rent Stabilization Law and Code
it is
ORDERED, that these petitions be, and the same hereby are,
granted and that the Rent Administrator's order be, and the same
hereby is revoked.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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