DHCR Decisions
FC220032RO
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.: FC220032RO
TRUMP MANAGEMENT INC. RENT
ADMINISTRATOR'S DOCKET
NO.: DK220487S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW
AFTER REOPENING
On March 4, 1991, the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued February 7, 1991. The order concerned housing
accommodations known as Apt 4D located at 2036 Cropsey Avenue,
Brooklyn, N.Y. The Administrator ordered a rent reduction for
failure to maintain required services.
On October 4, 1991 the Commissioner issued an order and
opinion denying the owner's petition for administrative review. On
October 9, 1991 the owner requested reconsideration of the above
described order. The Commissioner reviewed the record and, finding
that additional fact finding was necessary, granted the request for
reconsideration on November 15, 1991.
The Commissioner has again reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The owner's sole grounds for appeal is that the Administrator
erred in finding that the subject apartment was subject to rent
control and in ordering a $9.50 per month rent reduction. At no
time did the owner state that the services enumerated by the
Administrator as not being maintained were, in fact, being
maintained.
The Commissioner has carefully reviewed the rent records filed
by the owner for this building. The owner is correct in that the
apartment in question is not rent controlled, but, rather, subject
to the Rent Stabilization Law. Therefore, the Commissioner is of
the opinion that this petition should be granted to the extent of
modifying that portion of the order here under review which ordered
FC220032RO
a rent reduction of $9.50 per month effective the first rent
payment date following issuance of the Administrator's order. A
rent reduction of an amount equal to one guideline increase is
ordered effective the first rent payment date following service of
the complaint on the owner (January 1, 1989). 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,
granted, and that the Rent Administrator's order be, and the same
hereby is, affirmed as modified herein.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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