FA610196RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
FA610196RO
John Pereira, Esq.,
RENT ADMINISTRATOR'S
DOCKET NO.:
DI610609S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named party filed a timely petition for administrative
review of an order issued on December 10, 1990, concerning the
housing accommodations known as 65 Mount Hope Place, Apt. 4K,
Bronx, N.Y., wherein the Rent Administrator determined the tenant's
complaint of decreased services against the prior owner.
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.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment. There is no indication that an answer was
filed below.
The Rent Administrator's order reduced the tenant's rent based on
the results of an inspection that disclosed that the kitchen
cabinets had missing and defective parts, and that kitchen wall
tiles were missing.
In this petition for administrative review, the petitioner notes,
in substance, that he is a trustee for the subject premises,
appointed in Federal Bankruptcy Court effective March 16, 1990;
points out that he was not given notice and an opportunity to
respond or act on the complaint; and contends that the Rent
Administrator was barred from reducing the rent without first
seeking permission from the Bankruptcy Court, and that as trustee,
he does not have any liability to the tenant in this case. The
petitioner requests the DHCR to reverse the order and to allow the
petitioner time to address the complaint or, in the alternative, to
FA610196RO
modify the order to the extent that the retroactive rent reduction
be voided since the bankruptcy wiped out all debts prior to March
1990.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services. The owner's petition does not establish any basis for
modifying or revoking the Administrator's order which determined
that the owner was not maintaining required services based on a
physical inspection confirming the existence of defective
conditions in the subject apartment for which a rent reduction was
warranted. The Rent Administrator's determination was correct
based on the record presented. It is further noted that the notice
and the order were properly addressed and mailed to the owner of
record.
Notwithstanding the above, this order is issued without prejudice
to the right of the parties, including the trustee and/or a
receiver in control of a building, to seek relief in a forum of
competent jurisdiction.
Moreover, the rent will be restored only when an owner's
application to restore the rent is filed and granted. The current
owner, in fee if any, is advised to file such an application if the
facts so warrant.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
order and opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
LULA M. ANDERSON
Deputy Commissioner
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