FJ 420260-RO
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
APPEAL OF DOCKET NO.:
FJ 420260-RO
LEVITES REALTY MANAGEMENT, RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER EJ 420862-S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On October 22, 1991, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
September 19, 1991, by the Rent Administrator at Gertz Plaza,
Jamaica, New York, concerning the housing accommodation known as
61 West 10th Street, New York, New York, Apt. 5-F, wherein the
administrator determined the tenant's complaint of a reduction
of services.
Based on the result of an inspection that confirmed certa n con-
ditions in the complaint, the Administrator reduced the tenants
rent by $93.00 per month, effective October 1, 1991.
On appeal the owner asserts that all of the diminished services
items listed in the subject order have been repaired or replaced
as of October 15, 1991. In support, the owner submits copies of
a contract and paid invoices detailing the conditions addressed.
The applicable law is Section 2202.16 of the Rent & Eviction Reg
ulations.
The owner's statement on appeal that the conditions were
corrected sometime after the Administrator's order issued
constitutes confirmation by the owner of the existence of con-
ditions constituting service reductions, and corroborates the
Administrator's findings.
The Commissioner finds, however, that certain rent reductions
were duplicative of rent reductions granted on December 5, 1990
under Docket No. DI 420629-S, which remain in full force and
effect.
The Administrator's order herein under review (Docket No.
EJ 420862-S) is modified to the extent revoking the following
rent reductions as duplicative.
FJ 420260-RO
Ceiling bathroom $ 5.00
Door hinge closet 5.00
Window panes - living room 2.00
Window panes - bedroom 2.00
Stove knobs 2.00
Refrigerator door 8.00
Refrigerator gaskets 8.00
The rent reductions granted the tenant for these items under
Docket No. DI 420629-S remain in full force and effect until
restored by the Administrator. The owner remains responsible to
restore all services.
The comprehensive rent reductions granted herein under Docket No.
EJ 420862-S for door frame alignment entry defects ($15.00) and
door lock apartment entry defects ($15.00) are affirmed, and
supercede and incorporate the $5.00 rent reduction for defective
apartment door frame and missing latch granted in Docket No.
DI 420629-S.
THEREFORE, in accordance with the provisions of the City Rent
Control Law and the Rent and Eviction Regulations, it is,
ORDERED, that this petition be, and the same hereby is, denied.
The Administrator's order is modified to the extent of revoking
the above noted rent reductions as duplicative. In all other
respects the Administrator's order is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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