FE 210292-RT; et al.
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEALS OF DOCKET NOS.:
FE 210292-RT; FE 210110-RT
WILLIE BROWN, PEDRO CRUZ, FE 210193-RT; FE 230111-RT
COLETTE PRICE, & RENATA KAMMERER, RENT ADMINISTRATOR'S
DOCKET NO.:
FB 230141-OR
PETITIONERS
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ORDER AND OPINION GRANTING PETITIONS FOR ADMINISTRATIVE REVIEW
The Commissioner has consolidated these petitions as they involve
common questions of law and fact.
Various tenants and the tenant representative filed time y peti-
tions for administrative review of an order issued on April 17,
1991, by a Rent Administrator concerning various housing accommo
dations in the premises known as 122 Ashland Place, Brooklyn,
New York, wherein rents were restored due to a restoration of
services.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion relevant to the issues
raised by the petition for review.
On April 17, 1991 the Rent Administrator issued the order here
under review finding that a restoration of services had occurred
and restoring the rents of all tenants who had joined in the
original complaint with the exception of t e tenants of Apart-
ments 4K, 3N, 15F, 15M, 15B, 15H, 15L, 5E, 5J, 5L, 3F, 4F, 5N,
and 5D (cited in the order as "5-O"). The Rent Administrator
found:
"Tenants in apartments 4K, 3N, 15F, 15M, 15B,
15H, 15L, 5E, 5J, 5L, 3F, 4F, 5N and 5O did
not receive a rent reduction due to their
failure to join in the original application.
Therefore no rent restoration is warranted
for these tenants."
In their petitions for administrative review several tenants and
the tenant representative request modification of the Rent
Administrator's order alleging in substance that the tenants of
these apartments had joined in the original complaint and had
received rent reductions as a result of the original proceeding.
Attached to the petitions are copies of the original complaint.
FE 210292-RT; et al.
After careful consideration, the Commissioner is of the opinion
that the petitions should be granted.
The Commissioner notes that the tenants of apartments 4K, 3N,
15F, 15M, 15B, 15H, 15L, 5E, 5J, 5L, 3F, 4F, 5N, and 5D were
signatories of the original complaint and were granted rent
reductions in the original proceeding. Accordingly, t e Commis-
sioner finds that the last two sentenc s of the Rent Adminis-
trator's order (cf. supra) should be deleted.
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, modified to delete the last two sentences. In all
other respects the Rent Administrator's order is affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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