ADM. REVIEW DOCKET NO.: FI 420326 RO
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.:
FI 420326 RO
:
DRO DOCKET NO.:
DH 420733 - S
(As amended on Sept. 6,
1991)
THE 6465 REALTY CO.
c/o DAVID FRANKEL REALTY, INC.
PETITIONER :
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On or before September 16, 1991, the above-named owner filed
a petition for administrative review of an amended order
(henceforth referred to as DH 420733 - S*) issued on September 6,
1991, by a District Rent Administrator concerning the housing
accommodations known as 160 East 65th Street, Apartment No. 4B, New
York, New York.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised in the petition.
On November 14, 1990, the District Rent Administrator, under
docket number DH 420733 - S, reduced the maximum legal rent of the
subject apartment based upon an inspectorial finding that there was
evidence of mildew on the livingroom and bedroom east walls.
On September 6, 1991, the Rent Administrator issued the order
hereunder review which amended and superseded the order issued
under Docket Number DH 420733 - S. The order now known as DH
420733 - S*, changed the apartment's legal status from rent
controlled to rent stabilized, and, accordingly, changed the
effective date of the rent reduction. In all other respects, the
order issued under docket number DH 420733 - S*, did not differ
from DH 420733 - S.
ADM. REVIEW DOCKET NO.: FI 420326 RO
On September 19, 1991, in a consolidated proceeding, issued
under docket numbers EL 410360 RO and EK 420339 RO, the
Commissioner revoked the orders issued under docket numbers DH
420733 - S and DI 410216 - S, based upon a finding that the tenant
did not provide access to the apartment for the purpose of
restoring services.
After careful consideration, the Commissioner is of the
opinion that the petition should be granted and the order known as
DH 420733 - S* should be revoked.
The Commissioner notes that given that DH 420733 - S* only
differs from DH 420733 - S with respect to the apartment's legal
status and effective date of the order, the order here under review
does not withstand the established fact that the tenant did not
provide access to the apartment for the purpose of restoring
services. Thus, the Commissioner finds that the order here under
review was not warranted.
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 District Rent Administrator's order be, and
the same hereby is, revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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