GE210184RO
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.: GE210184RO
Morris Weintraub Associates,
RENT ADMINISTRATOR'S
DOCKET NO.: EC210270S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
On May 1, 1992, the above-named petitioner-owner timely refiled a
petition for administrative review (PAR) of an order issued on
February 25, 1992, by the Rent Administrator, concerning the
housing accommodation known as 1355 East 18th Street, Brooklyn,
N.Y., Apt. 3H, wherein the Administrator determined that a
reduction in rent was warranted based upon a reduction in services.
The Rent Administrator also directed full restoration of 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 administrative appeal.
The issue herein is whether the Rent Administrator properly reduced
the rent of the subject apartment.
On March 7, 1990, the tenant filed a complaint alleging that the
owner had failed to maintain various services.
The owner filed an answer to the complaint alleging that the
complaint should be dismissed based upon a signed letter, dated
April 20, 1990, from the tenant requesting that her complaint be
withdrawn.
A DHCR inspection conducted on February 4, 1992, revealed that the
owner partially restored services. The inspection showed that the
owner failed to maintain the floor covering in the kitchen and that
there was no kitchen broom closet.
On appeal, the petitioner-owner asserted, in pertinent part, that
the tenant withdrew her complaint on April 20, 1990. The owner, in
GE210184RO
support of its contention, submitted a copy of the tenant's letter
requesting withdrawal of the complaint.
The petition was served on the tenant on June 4, 1992.
On June 10, 1992, the tenant filed an answer to the petition
stating that she re-opened her complaint because the owner failed
to keep its promises to restore all services.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be granted.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code, a
tenant may apply to the Division of Housing and Community Renewal
(DHCR) for reduction of the legal regulated rent to the level in
effect prior to the most recent guidelines adjustment, and the DHCR
shall so reduce the rent for the period for which it is found that
the owner has failed to maintain required services.
Required services are defined in section 2520.6(r) to include
repairs and maintenance.
A review of the record reveals that the Rent Administrator failed
to re-serve the complaint or otherwise notify the owner that the
tenant had reinstated her complaint by letter dated June 14, 1990.
The file contains the tenant's letter of June 14, 1990, in which
she advised the DHCR that she is re-opening her complaint based
upon the owner's failure to provide a broom closet in the kitchen.
Division records, however, indicate that the tenant is no longer in
occupancy and that at this point it would not serve any useful
purpose to re-serve the complaint on the owner.
Inasmuch as the owner was not re-served when the tenant was in
occupancy, the Commissioner finds that the Rent Administrator erred
by issuing the order of February 25, 1992.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, granted,
and the Administrator's order be, and the same hereby is, revoked
in accordance with this order and opinion.
GE210184RO
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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