ADM. REVIEW DOCKET NO.: GC - 420258 RO
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.:
GC - 420258 RO
:
DRO ORDER NO.:
EL - 420540 - S
TRUSTEES OF COLUMBIA UNIVERSITY
IN THE CITY OF NEW YORK
PETITIONER :
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 25, 1992, the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
March 13, 1992, by the Rent Administrator at Gertz Plaza,
Jamaica, New York, concerning the housing accommodations known as
110 Morningside Drive, New York, New York, Apartment No. 53,
wherein the Administrator granted the tenant a $5.00 rent
reduction based on a finding of defective conditions on the
tenant's bedroom ceilings.
In the appeal, the owner points out that the only two
conditions cited in the complaint assigned Docket No. EL-420540-S
were inadequate wiring and a missing stove, and that it was
therefore improper to base a rent reduction for a condition not
mentioned in the tenant's complaint.
However, a review of Division records reveals that a
separate complaint assigned Docket No. FI 520058-S raised the
bedroom ceilings' defects. Those proceedings were closed without
action, and the complaint therein was referred for consolidation
and processing with the proceedings herein under review, in
accordance with Division policy.
The record in Docket No. FI-520058-S also reflects that the
owner was served with the tenant's complaint and that the owner
filed a timely response.
An inspection conducted on February 20, 1992 by a member of
the Division staff revealed that bedroom ceilings were water
damaged and cracked. No other service reductions alleged were
confirmed.
In light of the complete record, the petitioner's request
that the rent reduction order be reversed based on a lack of due
process must be rejected.
ADM. REVIEW DOCKET NO.: GC - 420258 RO
THEREFORE, in accordance with the provisions of the City
Rent Control Law and the Rent and Eviction Regulations, it is
ORDERED, that the owner's petition be denied and that the
Administrator's order be affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
|