FJ420357RO
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.:
FJ420357RO
(Refile of
FG420367RO)
Janco Realty Corp.,
RENT ADMINISTRATOR'S
DOCKET NO.:
FD420457S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW,
REVOKING RENT ADMINISTRATOR'S ORDER AND REOPENING AND
REMANDING PROCEEDINGS TO RENT ADMINISTRATOR
FOR FURTHER CONSIDERATION
The above named petitioner-owner filed a timely petition for
administrative review of an order issued on July 16, 1991
concerning the housing accommodations known as 56 Mott Street,
Apartment 26, New York, New York, wherein the Rent Administrator
determined the tenant's complaint of decreased services.
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 services in the
subject apartment. The tenant complained of extreme roach and
rodent infestation in the subject apartment. The complaint was
served on the owner, who responded that as the tenant had not
signed the complaint, it would be disregarded and was being
returned to the Rent Administrator.
Thereafter, the DHCR conducted an inspection of the subject
apartment. The DHCR inspector reported that there was evidence of
roach and rodent infestation in the kitchen.
An examination of the record below shows an original signed
complaint in the case docket, as well as an unsigned original
FJ420357RO
complaint.
The Rent Administrator's order reduced the monthly rent (by $6.00
per month) and directed the owner to restore services.
In this petition for administrative review, the owner reiterates
the argument below that the rent reduction was not valid since the
owner had not been served with a signed complaint.
After careful consideration the Commissioner is of the opinion that
the petition should be granted, as more fully set forth below.
The Commissioner concurs with the owner that the rent reduction
order was not valid in light of the fact that the complaint served
on the owner was unsigned. However, since the tenant filed a
completed signed complaint with the Rent Administrator, the tenant
is entitled to a proper determination.
The Rent Administrator's rent reduction order must be revoked, and
the proceedings reopened and remanded to the Rent Administrator for
further consideration, including service of the tenant's signed
complaint on the owner.
If, on remand, the conditions cited in the complaint are confirmed,
the Rent Administrator may impose a rent reduction. The fact that
the tenant did not request a rent reduction does not act as a bar
to a rent reduction in rent controlled accommodations. Section
2202.16 of the Rent and Eviction Regulations does not require a
tenant to request a rent reduction in order to be entitled to one.
Any arrears due the owner from the tenant as a result of this order
shall be paid in equal installments at the amount of the monthly
rent reduction granted in the proceedings below, but revoked
herein.
THEREFORE, in accordance with the Rent and Eviction Law and
Regulations, it is
ORDERED, that this petition be, and the same hereby is granted to
the extent of revoking the Rent Administrator's order, and
reopening and remanding the proceedings to the Rent Administrator
for further consideration in accordance with the above.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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