GF420029RO
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
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: GF420029RO
RENT
JOSEPH KITZNER ADMINISTRATOR'S DOCKET
NO.: GA420210S
PETITIONER
----------------------------------x
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AND MODIFYING RENT ADMINISTRATOR'S ORDER
On June 5, 1992 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued May 13, 1992. The order concerned housing
accommodations known as Apt 4E located at 229 W. 101st Street, New
York, N.Y. The Administrator ordered 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
appeal.
The tenant commenced this proceeding on January 10, 1990 by
filing a Statement of Complaint of Decrease in Services and alleged
that the owner had failed to maintain certain services in the
subject apartment.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on January
30, 1992 and stated that the tenant had not complained about the
conditions in the apartment and also denied that the conditions
complained of existed.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on March, 16, 1992 and
revealed the following:
1. Peeling paint and plaster apartment-wide,
2. Evidence of vermin droppings in apartment,
3. Evidence of defective stove, rusted pilot and
GF420029RO
thermostat, handle and second oven door broken,
oven and broiler door does not open or close
properly, and stove is unsafe.
The Administrator issued the order here under review on May
13, 1992 and ordered a $41.00 per month rent reduction based on the
report of the inspector. The dollar amount was based on the
erroneous assumption that the apartment was subject to Rent
Control.
On appeal the owner states that the subject apartment is rent
stabilized and not rent controlled and that the Administrator erred
in issuing the order here under review. The petition was served on
the tenant on June 12, 1992.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be granted
and that the Administrator's order should be affirmed as modified
herein.
The Commissioner has examined the rent records for the
apartment in question and has determined that the apartment in
question is rent stabilized. Therefore, the portion of the
Administrator's order which reduced the rent by $41.00 per month is
revoked. A rent reduction of an amount equal to the most recent
guideline adjustment is ordered effective February 1, 1992, the
first rent payment date following service of the complaint on the
owner.
The owner may file for rent restoration when services have
been restored.
THEREFORE, pursuant to 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, affirmed as modified herein.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
|
