AL 420767-RO
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.:
AL 420767-RO
JED MANAGEMENT CORP.,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER UC 002200-S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 18, 1986, the above-named petitioner-landlord filed a
petition for administrative review against an order issued on
December 9, 1986, by a Rent Administrator concerning the housing
accommodation known as Apartment 6-H, 425 West 160th Street,
New York, New York, wherein the Administrator determined that the
landlord had not provided or maintained certain services and
ordered a rent reduction of $16.00 per month, effective on the
first rent payment day following issuance of the order.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to
the issue raised by the administrative appeal.
The Administrator's order was based on a physical inspection
which revealed that the windows throughout the apartment are
loose and have rotting frames and the sashes need putty.
In the petition for administrative review, the landlord asserts
that the order should be reversed because neither the former
owner nor the petitioner who purchased the building on January
22, 1986 was informed by the tenant or DHCR of the conditions
requiring repair. The petitioner also claims that extensive work
was done on the windows in September and November of 1986, that
an inspection by the Office of Code Enforcement in November 1986
reported no violations concerning the windows, and that the order
is defective because it was sent to the prior owner.
In answer to the petition, the tenant contends that the problems
with the windows were discussed with the former and the current
owners of the building. She concedes that some repair work was
done subsequent to the issuance of the Administrator's order but
there are problems that still need to be corrected.
After careful consideration of the evidence of record, the Com-
missioner is of the opinion that the petition should be denied.
AL 420767-RO
The rent reduction order was properly based on a physical inspec
tion which revealed defective windows which the landlord had not
repaired despite adequate notice and opportunity to do so. For
this condition, the rent reduction by the administrator was
warranted.
The landlord has not established that the repairs were done prior
to the issuance of the order and the tenant has denied that the
repairs have been completed in a satisfactory manner. There is
no basis for modifying or revoking the rent reduction.
THEREFORE, in accordance with the Rent and Eviction Regulations
for New York City, it is,
ORDERED, that this petition be, and the same hereby is, denied
and the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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