STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NY 11433
----------------------------------x S.J.R. 6275
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
VIRGINIA GARDENS, INC., RENT ADMINISTRATOR'S
PETITIONER DJ 210560-S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On November 8, 1991, the above-named owner filed a petition for
administrative review of an order issued on October 8, 1991 by a
Rent Administrator concerning the housing accommodation known as
Apartments F-3, 3502 Kings Highway, Brooklyn, New York, wherein
rent was reduced due to a diminution of service.
Subsequent thereto the owner, deeming its petition denied, sought
judicial review in the Supreme Court pursuant to Article 78 of
the Civil Practice Law and Rules. The case was remitted to this
Division for a determination of the owner's petition.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to
the issues raised by the petition for review.
On October 17, 1989 the subject tenant filed an application for a
rent reduction based on the owner's alleged inter alia that the
leaks were repaired by the installation of a new roof and that
the tenant had refused a new stove. The owner attached the
supporting affidavits of the owner's contractor and superinten-
On September 11, 1991 a physical inspection 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 October 8, 1991 the Rent Administrator issued the order here
under review finding that a diminution of services had occurred
and reducing the tenant's rent to the level in effect prior to
the last rent guideline increase which commenced before the
effective date of the rent reduction.
In its petition for administrative review the owner reques s re-
versal of the Rent Administrator's order alleging, inter alia,
that the tenant's complaints were duplicitous (sic) of those
asserted in another docket.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted.
The Commissioner notes that on May 4, 1990 in docket DB 210019-S
this tenant was granted a rent reduction which, on October 8,
1991 was still in effect. The rent reduction in Docket No. DB
210019-S was made effective on arch 1, 1989 and is currently
still in effect. Accordingly, the Commissioner finds that the
rent reduction granted in the order under review (DJ 210560-S)
was duplicative and must be revoked.
Insofar as the inspection of September 11, 1991 corroborated the
conditions extant on that date the Commissioner directs the owner
to correct those conditions within thirty days if it has not
already done so.
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
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner