Docket Number: FD-220162-RO
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 : ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FD 220162-RO
JONATHAN LEVIN c/o :
KINGSWOOD MANAGEMENT CORP., DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: DL 220246-S
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 11, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on March 26, 1991,
concerning t e housing accommodations relating to the above-
described docket number.
This administrative appeal is being determined pursuant to the
provisions of 2520.6(r) and 2523.4 of the Rent Stabilization Code.
The Commissioner has reviewed all the evidence in the record and has
carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
On December 5, 1989, the tenant commenced this proceeding by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In its answer filed on January 25, 1990, the owner asserted that all
required repairs would be completed.
Thereafter on March 5, 1991, an inspection of the subject apartment
was conducted by a D.H.C.R. inspector who confirmed the existence of
On March 26, 1991, the Administrator directed restoration of these
services and further ordered a reduction of the stabilization rent.
In this petition, the owner states in substance that it should have
been "served with a 'Request for Additional Information/Evidence'
prior to the reduction order being granted."
The Commissioner is of the opinion that this petition should be
Receipt of the tenant's complaint is sufficient notice to the owner.
The owner acknowledged receipt of the tenant's complaint by filing
an answer in the proceeding below. Moreover, the owner had fifteen
months from service of the tenant's complaint to the order's
issuance to investigate and to make repairs if necessary, but the
owner failed to do so.
Accordingly, the Commissioner finds that the Administrator properly
Docket Number: FD-220162-RO
based its determination on the entire record, including the results
of the inspection conducted on March 5, 1991 and that pursuant to
Section 2523.4(a) of the Code, the owner had failed to maintain
services, warranting rent reduction.
This Order and Opinion is issued without prejudice to the owner's
right to file the appropriate application for restoration of rent
based upon the restoration of services, if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
ORDERED, that this petition be, and the same hereby is, denied and
that the District Rent Administrator's order be, and the same hereby