GG610015RO
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.: GG610015RO
RENT ADMINISTRATOR'S
DOCKET NO.: FJ610170S
Vito Sachetti for
M & M Management
PETITIONER
----------------------------------x
ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On July 7, 1992, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on June
29, 1992, by the Rent Administrator, concerning the housing
accommodation known as 3150 Roberts Avenue, Apt. 6K, Bronx, NY
wherein the Administrator determined that there had been a
reduction in apartment services and reduced the rent accordingly.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
This proceeding was commenced by the filing of a complaint
dated September 26, 1991 alleging various service decreases. An
inspection of the apartment conducted by a Division employee on
June 9, 1992 confirmed the complaint of missing window screens
apartment wide resulting in the June 29, 1992 order reducing the
rent.
In the PAR, the owner contends that screens were never a
provided service.
The Commissioner is of the opinion that the petition should be
granted.
The owner is incorrect in his contention that screens are not
a provided service. Rent control records maintained by this agency
indicate that on November 29, 1965 screens were installed in the
apartment and therefore became a base date service at that time.
GG610015RO
Notwithstanding this, the Administrator's order should be
revoked. A review of the record contained in Docket #EC610748S
shows that on February 21, 1992 the Administrator issued an order
reducing this tenant's rent for missing window screens among other
things, which is the same condition cited in the order here under
review.
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
Deputy Commissioner
|