FE 510154-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.:
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ZOILA M. SORIANO, RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER DL 510173-S
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On May 14, 1991, the above-named tenant filed a petition for
administrative review of an order issued on April 16, 1991, by a
District Rent Administrator concerning the housing accommodation
known as Apartment 1, 515 West 175th Street, New York, New York,
wherein rent was reduced due to a diminution of service.
The Commissioner has reviewed all of evidence in the record and
has carefully considered that portion relevant to the issues
raised by the petition for review.
On August 12, 1989 the subject tenant, filed an application for a
rent reduction based on the owner's alleged failure to maintain
service alleging various service deficiencies in her apartment.
A copy of the tenant's complaint was served upon the owner on
December 28, 1989.
The owner did not interpose an answer to the tenant's complaint
although it was afforded the opportunity to do so.
On March 21, 1991 a physical inspecti n of the subject apart-
ment was carried out by the Division of Housing and Community
Renewal (DHCR). The inspector, in his report, noted that the
complained of conditions were as alleged by the tenant.
On April 16, 1991 the Rent Administrator issued the order here
under review finding that a diminution of services had occurred,
reducing the tenant's rent to the level in effect prior to the
last rent guideline increases which commenced before the effec-
tive date of the rent reduction, and making the rent reduction
effective on November 1, 1990.
In her petition for administrative review the tenant requests
modification of the Rent Administrator's order alleging that it
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contained an error as to the effective date f the rent reduc-
tion.
The owner did not interpose an answer to the tenant's petition
although it was afforded the opportunity to do so.
After careful consideration the Commissioner is of the opinion
that this petition should be granted.
The Commissioner notes that a copy of the tenant's complaint was
served on the owner on December 28, 1989. Accordingl , the ef-
fective date for the rent reduction which was granted should have
been the first rent payment date occurring hereafter - January 1,
1990. A close review of the Administrator's file revealed that
November 1, 1990, the date cited in the order under review, was a
typographical error.
THEREFORE, in accordance with 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 order be, and the same hereby
is, modified to the extent of changing the effective date of the
rent reduction to January 1, 1990. In all other respects the
Rent Administrator's order is affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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