FB130048RO
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.: FB130048RO
FISHER ASSOCIATES RENT
ADMINISTRATOR'S DOCKET
NO.: AJ130002B
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On February 7, 1991 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued January 23, 1991. The order concerned housing
accommodations known as Apt 305 located at 35-46 74th Street,
Jackson Heights, N.Y. The Administrator directed restoration of
services and ordered a rent reduction for failure to maintain
required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
This proceeding was commenced on September 30, 1986 by the
tenants' filing a Statement of Complaint of Decrease in Building-
Wide Services and alleging, in sum, that the owner was not
maintaining certain required services.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner did not file a response.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on January 16, 1987 and
confirmed the tenants' allegations.
The Administrator issued the order here under review on
October 8, 1987 and ordered a building-wide rent reduction. The
Commissioner notes that the owner filed an administrative appeal of
this order (Docket No. CA130376RO) which was denied in an order
issued on March 28, 1991.
On January 23, 1991 the Administrator issued an amended order
which added the tenant of Apartment 305 to the list of tenants who
FB130048RO
were entitled to a rent reduction. All other parts of the October
8, 1987 order were unchanged.
On appeal the owner states that the Administrator's addition
of the tenant of Apt. 305 was in violation of the owner's due
process rights. The petition was served on the tenant on March 13,
1991.
The tenant filed a response on March 20, 1991 and stated, in
sum, that the Administrator correctly issued the amended order
adding him to the list of tenants.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
and the amended order should be revoked.
A review of the record in Docket No. AJ130002B reveals that
the tenant residing in Apt. 305 did not sign the complaint. The
document the tenant submitted to support his contention that he was
a signatory contains entirely different signatures than those
appearing on the "Supplemental Signature and Affirmation" sheets
attached to the instant complaint. It was therefore error for the
Administrator to grant this tenant a rent reduction. The order here
under review should be revoked on this basis. The Commissioner
notes that this revocation in no way effects the original building-
wide rent reduction order, which has been affirmed as noted above.
THEREFORE, pursuant to the Rent Stabilization Law and Code it
is
ORDERED, that this petition be, and the same hereby is,
granted, and that the Rent Administrator's amended order be, and
the same hereby is, revoked. The tenant may pay off any arrears
due and owing by reason of this determination in twelve (12) equal
monthly installments or immediately if he vacates the apartment.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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