FK 210091-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
APPEALS OF DOCKET NO.:
FK 210091-RO
JOHN HOMZA,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER DL 210441-S
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On November 23, 1991, the above-named owner filed a petition for
administrative review of an order issued on November 12, 1991, by
a Rent Administrator concerning the housing accommodation known
as Apartment 2-R, 395 Linden Street, Brooklyn, New York, wherein
rent was reduced due to a diminution of service.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion relevant to the issues
raised by the petition for review.
On December 14, 1989 the subject tenant, filed an application for
a rent reduction based on the owner's alleged failure to maintain
services.
On January 26, 1990 the owner interposed an answ r to the ten-
ant's complaint wherein he alleged that the tenant was denying
access. On November 6, 1991 the owner informed the Rent Admin-
istrator that the tenant vacated owing eight months rent after
he had damaged the apartment.
On October 23, 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 there
was evidence of mice and roaches and that there was a new tenant
in possession of the apartment.
On November 12, 1991, the Rent Administrator issued the order
here under review, finding that a diminution of services had
occurred and reducing the rent for the subject apartment to the
level in effect prior to the last rent guideline increase which
commenced before the effective date of the rent reduction.
In his petition for administrative review the owner requests
reversal of the Rent Administrator's order alleging that the
complaining tenant was dispossessed for non-payment of rent.
FK 210091-RO
Attached to the owner's petition is a photocopy of the court's
order in that proceeding dated December 26, 1989, awarding the
owner final judgement of possession.
After careful consideration the Commissioner is of the opinion
that this petition should be granted.
The Commissioner notes that the notice of inspection sent to the
tenant on September 30, 1991 was returned by the post office
marked "Attempted-Not Known". Accordingly, the Commissioner
finds that the order under review should be revoked. The owner
notified the Administrator that the tenant had been evicted and
the inspector confirmed that a new tenant was in occupancy.
Since the tenant has not advised this agency of a forwarding
address, the Commissioner finds that the tenant has abandoned the
complaint and a rent reduction is 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 Rent Administrator's order be, and the same hereby
is, revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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