ADM. APPEAL DOCKET NO. ARL - 09872 - B
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 APPEAL
APPEAL OF DOCKET NO.
ARL - 09872 - B
:
DRO DOCKET NO.
BS -0002774 - S
H & R EXECUTIVE TOWERS
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 26, 1985, the above-named petitioner-owner
filed an Administrative Appeal against an order issued on August
26, 1985 by the District Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 1020 Grand Concourse, Bronx, New York, Apartment 9 - F.
The issue herein is whether the District Rent Administrator
properly issued the order of August 26, 1985, which reduced the
maximum rent of the subject apartment to the level in effect
prior to the last guideline increase based upon the owner's
failure to repair defective intercom, wall in closet, light
fixture, dishwasher, refrigerator, falling plaster from bedroom
ceiling, missing knobs on stove and the owner's failure to paint
terrace ceiling and door.
On appeal, the petitioner-owner essentially alleged that it
never received prior correspondence from the DHCR and that the
subject tenant never complained to the building-superintendent
about service deficiencies.
The tenant answered the owner's PAR, alleging, inter alia,
that he had notified the owner's employees about service
deficiencies on numerous occasions without any corrective action
being taken.
After a careful consideration of the evidence of record
before the Commissioner, the Commissioner is of the opinion that
the administrative appeal should be denied.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code,
A tenant may apply to the DHCR for a reduction
of the legal regulated rent to the level in
ADM. APPEAL DOCKET NO. ARL - 09872 - B
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.
The Commissioner finds that the Administrator properly
based his determination on the results of an impartial inspection
which bears greater probative value than the self-serving and
unsupported allegations of the owner; and that pursuant to
Section 2523.4(a) of the Code, the Administrator was mandated to
reduce the rent upon determining that the owner had failed to
maintain services.
Accordingly, the Commissioner finds that the District Rent
Administrator properly determined that the owner had failed to
maintain services, and correctly reduced the rent of the subject
accommodation.
This Order and Opinion is issued without prejudice to the
owner's right to file the appropriate application with the
Division for a restoration of rent based upon the restoration of
services, if the facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is,
denied and the order of the District Rent Administrator be, and
the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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