Docket No: FE-1100161-RO, FF-110646-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 NOS.: FE 110161-RO
: FF 110646-RT
RICHARD ALBERT, DISTRICT RENT ADMINISTRATOR'S
DOCKET NO.: DK 110736-S
PETITIONER :
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ORDER AND OPINION TERMINATING CONSOLIDATED PETITIONS FOR
ADMINISTRATIVE REVIEW AND AFFIRMING ADMINISTRATOR'S ORDER
DK110736-S ISSUED ON JUNE 4, 1991
On May 16, 1991, the above-named owner filed a timely petition for
administrative review of an order issued on April 12, 1991,
concerning t e housing accommodations relating to the above-
described docket number. The tenant's petition is consolidated with
this petition because it involves common issues of law and fact.
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.
It is noted that on June 4, 1991, the Administrator issued another
order voiding its April 12, 1991 order because the issues of screens
and the intercom system had already been decided in other
proceedings.
The record indicates that window screens are a required service to
be provided by owner in this apartment (ARL11648-Q); and that the
legal rent was reduced for six (6) missing window screens in living
room, kitchen, master bedroom and a defective screen in bathroom
under Administrative Order issued on April 19, 1991 (Docket #BB
120067-RT/ AG 110033-S) effective August 1, 1986.
The record further indicates that the intercom system was not found
to be a required service under proceeding #QCS-000151-B which
subsequently was affirmed in Administrative Order issued on December
13, 1989 (Docket Numbers BB-130149-RT; BB-130151- O and BB-130356-
RO) and further affirmed upon reconsideration pursuant to Court
Order No. SJR-4776 and BE-110127-RO issued on May 24, 1991.
The tenant is advised that rent reduction as to the screens is still
in effect and has not been voided by the June 4, 1991 order.
The owner is advised that this Order and Opinion is issued without
prejudice to the owner filing an application for restoration of
services in respect to the screens, if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
Docket No: FE-1100161-RO, FF-110646-RT
ORDERED, that this consolidated petition be, and the same hereby is,
terminated and that the District Rent Administrator's order under
the above-described number issued on June 4, 1991 be, and the same
hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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