ARL 08797-Q
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.: ARL 08797-Q
Michael J. Diloreto, DISTRICT RENT ADMINISTRATOR
DOCKET NO.: QS 002206-S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 14, 1986 the above named petitioner-owner filed a
Petition for Administrative Review against an order issued on
February 11, 1986 by the Rent Administrator, 164-19 Hillside
Avenue, Jamaica, New York concerning housing accommodations known
as 152-72 Melbourne Avenue, Flushing, New York, Apartment 1G.
The Commissioner has reviewed all of the evidence in the record
and has carefully considered that portion of the record relevant
to the issue raised by the administrative appeal.
This proceeding was commenced by the tenant filing a complaint of
a decrease in services alleging, among other things, that the
living room ceiling was cracked, the dining room closet door was
broken, the dining room fixture did not work and the toilet seat
was broken.
On April 18, 1985, a physical inspection of the subject premises
was conducted by a DHCR staff member who reported that the living
room ceiling was cracked, the dining room closet door was broken,
the dining room fixture was working and the toilet seat had been
removed.
The owner was subsequently advised of the results of the physical
inpsection and directed to submit a reply. In response, the
owner asserted that a new fixture had been installed in the
dining room, a painter had been called to replaster and paint the
living room ceiling, the closet doors had been repaired and a new
toilet seat had been installed. The owner submitted a copy of a
work order signed by the tenant which indicated that work
performed on the fixture, toilet seat and closet doors (new
hinges and bolts) was completed on June 11, 1985.
In reply, the tenant asserted that the living room ceiling had
not been replastered or painted.
On October 8, 1985 a physical inspection of the subject premises
was conducted by a DHCR staff member who reported that the
ceiling had not been repaired, the closet doors had no handles
and the toilet seat had been replaced.
In the herein appealed order, the Rent Admiistrator determined
ARL 08797-Q
that the owner was not maintaining services and reduced the rent
to the level in effect prior to the last guideline increase which
commenced before May 1, 1985, the effective date of the order.
In this petition, the owner contends, in substance, that he has
restored services.
In response, the tenant asserts, among other things, that the
owner did not attempt to plaster the ceiling until 1986.
The Commissioner is of the opinion that this petition should be
denied.
Section 9 NYCRR 2525.2 of the Rent Stabilization Code requires an
owner to maintain services, defined in Section 2520.6 to include
repairs and maintenance. Section 2523.4 of the Code provides
that a tenant may apply to the Division for a reduction of rent
and the Division shall so reduce the rent based on a findig that
the owner has failed to maintain services.
In this case, the evidence of record, which includes the physical
inspection report, reveals that owner was not maintaining
services. Based thereon, the Rent Administrator properly reduced
the rent.
This Order and Opinion is issued without prejudice to the owner's
right to file an application for the restoration of rent based on
the restoration of services, if the facts so warrant.
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, denied,
and the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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