STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
JAMAICA, NEW YORK 11433
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: FL 410190 RO
ABE HARUVI DISTRICT RENT
NO.: EE 410856 S
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND REVOKING RENT ADMINISTRATOR'S ORDER
On December 20, 1991 the above named petitioner-owner filed
a Petition for Administrative Review against an order of the Rent
Administrator issued November 15, 1991. The order concerned
housing accommodations known as Apt 4C located at 1109 First
Avenue, New York, N.Y. The Administrator order a rent reduction
for failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
The tenant commenced this proceeding on April 24, 1991 by
filing a Statement of Complaint of Decrease in Services wherein
he alleged that the owner was failing to maintain certain
required or essential services.
The owner was served with a copy of the complaint and
afforded an opportunity to respond.
The Commissioner notes that the record herein contains a
notation stating that this complaint was a duplicate of one filed
by the same tenant bearing Docket No. EE 410789 S. The notation
bears a recommendation that this proceeding be dismissed. The
Commissioner further notes that an order was issued granting a
rent reduction in Docket No. EE 410789 S.
Instead of issuing an order of dismissal, the Administrator
issued the order here under review which found that certain
services were not being maintained and ordered a rent reduction
effective July 1, 1990.
On appeal the owner points out that two rent reduction
orders were issued on the same day based on the same complaint
and requests the Commissioner reverse the Administrator's order
After careful review of the evidence in the record, the
Commissioner is of the opinion that the order bearing Docket No.
EE 410856 S should be revoked. The petition is therefore
Based on the foregoing it is apparent that the Administrator
erred in issuing the order here under review instead of
dismissing the complaint as a duplicate. The Commissioner notes
that the decision herein has no bearing on the Administrator's
order bearing Docket No EE 410789 S. The Commissioner further
notes that the owner has filed an administrative appeal of that
order and that said appeal was denied (see Docket No. FJ 410188
THEREFORE, pursuant to the Rent Stabilization Law and Code
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.
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner