Docket Number: FD-410297-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
APPEAL OF DOCKET NO.: FD 410297-RT
LESLIE GOLDMAN, DRO DOCKET NO.: EF 410138-OR
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
IN PART, REVOKING RENT RESTORATION ORDER AND TERMINATING
RENT RESTORATION PROCEEDINGS
On April 16, 1991, the above-named petitioner-tenant filed a
Petition for Administrative Review against an order issued on March
14, 1991, by the Rent Administrator at Gertz Plaza, Jamaica, New
York, concerning the housing accommodations known as Apartment 1-B,
330 West 55th Street, New York, New York, wherein the Administrator
restored the tenant's rent previously reduced under Docket Number
83863-B, based on a restoration of services.
The owner commenced the rent restoration proceedings, herein under
appeal, on or about May 30, 1990, claiming that services for which a
rent reduction order was issued on May 5, 1987 under Docket Number
83863-B, had been restored. In the application the owner stated
that, pending resolution of the administrative proceedings regarding
the rent reduction complaint, uniformed doorman services, were being
provided six days a week, from Tuesday through Sunday from 4 P.M. to
1 A.M. and that laundry room services were provided seven (7) days a
week as of May 10, 1987.
The tenant responded, in substance, that the owner was not providing
continuous doorman service, as ordered and that the owner was
limiting the hours when the laundry room was open.
An inspection conducted on December 5, 1990, by a member of the
Division's inspection staff. The inspector reported that, he was
informed by the owner's staff that uniformed doorman services were
provided as asserted, Tuesday through Sunday from 4pm to 1am and
that the laundry room was open seven (7) days a week. The
inspector confirmed that the doormen wore a coat and tie.
On March 14, 1991, the Administrator issued an order restoring the
tenant rent effective August 1, 1990 finding that doorman and
laundry room services were found to be maintained as asserted by the
owner.
Docket Number: FD-410297-RT
However, previously, on February 20, 1991, the Commissioner had
issued an order revoking the underlying rent reduction order on the
ground that documentation and statement submitted by the petitioner
raised questions of fact and the credibility of the tenant's witness
warranting the Administrator's reconsideration of the tenant's
complaint. The order remanded the rent reduction proceeding to the
Administrator for a complete and thorough examination of the facts
de novo.
As a consequence of the above the owner's application for
restoration of rent was rendered moot. The Commissioner therefore
finds that the rent restoration order must be revoked.
This order is issued without prejudice to the parties' right to
present the submissions herein to the Administrator in the
proceedings under Docket No. EE-410024-RP, and to request the
Administrator to consider the additional questions raised, including
the questions of misrepresentation, if any, by any party.
THEREFORE, in accordance with the provisions of Chapter 403, Law of
1983, as amended by Chapter 102 of the Laws of 1984, it is
ORDERED, that the petition be granted to the extent of revoking the
Administrator's rent restoration order as moot, and that the
proceedings be terminated as moot.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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