FF210097RO
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
APPEAL OF DOCKET NO.: FF210097RO
240 CROWN STREET CORP. RENT
ADMINISTRATOR'S DOCKET
NO.: CL210049B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 10, 1991 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued on May 15, 1991. The order concerned the
housing accommodations known as Apt. 6Z located at 240 Crown
Street, Brooklyn, N.Y. The Administrator directed restoration of
services and 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.
This proceeding was commenced on December 15, 1988 when one
tenant in this 136 unit building filed a Statement of Complaint of
Decrease in Building-Wide Services wherein she alleged, in sum,
that the owner was not maintaining certain required building-wide
services. The owner was served with a copy of the complaint and
afforded an opportunity to respond. The owner did not file a
response.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on December 1, 1989. The
inspection confirmed the allegations in the complaint.
The Administrator issued a rent reduction order on March 8,
1990 and reduced the rent for the complaining tenant and all rent
controlled building tenants. On May 15, 1991 an amended order was
issued by the Administrator wherein a rent reduction of an amount
equal to the percentage of the most recent guidelines adjustment
for the tenant's lease commencing prior to January 1, 1991 was
ordered solely for the complaining rent stabilized tenant. No rent
reduction was warranted for any rent controlled tenant as none
signed the complaint.
FF210097RO
On appeal the owner states that, by letter dated April 29,
1991, the DHCR informed it that the rent reduction proceeding was
being closed. The owner further states that all repairs have been
completed and the appropriate rent restoration application has
been filed. The petition was served on the tenant on July 1, 1991.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
The Commissioner notes that the DHCR letter the owner refers
to in the petition referred to Docket No. CF230109B and not the
instant proceeding, Docket No. CL210049B. The owner is, therefore,
incorrect in stating that the agency closed this proceeding. The
owner's assertion that repairs have been completed and an
application for rent restoration has been filed does not raise
issues challenging the correctness of the Administrator's order at
the time it was issued. The order being appealed is affirmed.
The automatic stay of the retroactive rent abatement which
resulted from the filing of this petition is vacated upon issuance
of this order and opinion. The owner may file for rent restoration
when services have been fully restored.
THEREFORE, pursuant to 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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