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 09887-B
:
DRO DOCKET NO.: BS 002775-S
H & R EXECUTIVE TOWERS
PETITIONER : Lloyd Rivers - Tenant
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 26, 1985 the above-named petitioner filed a Petition for
Administrative Review against an order issued on August 26, 1985 by the
Rent Administrator, 261 East 161 Street, Bronx, New York concerning the
housing accommodation known as 1020 Grand Concourse , Apartment 11S,
Bronx, New York wherein the Administrator directed the owner to restore
certain diminished services and reduced the rent to the level in effect
prior to the last guidelines increase.
The tenant initiated this proceeding by filing a service complaint.
The tenant requested a rent reduction based upon the alleged decreases in
services.
In answer to the complaint the owner stated that it was unable to restore
services because the tenant had refused access.
In reply, the tenant asserted that maintenance personnel did not keep
scheduled appointments.
A physical inspection of the subject premises which confirmed the
existence of defective conditions was conducted by a staff member of the
Division of Housing and Community Renewal.
Based thereon, the Administrator determined that there had been a
diminution of services and ordered a rent reduction.
In the petition, the owner contends that the order should be revoked
because: (1) the owner had made all the necessary repairs; (2) the tenant
has consistently refused access; and (3) there is an error in the order.
Included with the appeal is a work order signed by the tenant indicating
the completion of various repairs.
In answer to the petition, the tenant contends that some of the services
have not yet been restored.
After careful consideration, the Commissioner is of the opinion that this
petition should be denied.
DOCKET NUMBER: ARL 09887-B
Pursuant to Code Section 2523.4 a tenant may apply for a reduction in rent
and the Division of Housing and Community Renewal shall reduce the rent
for the period for which it is found that the owner failed to maintain
required services.
In the instant case, a physical inspection confirmed the existence of
defective conditions. Consequently, the Administrator was mandated to
reduce the rent.
The owner's appeal does not make clear whether it is the owner's
contention that repairs had been made before the apartment was inspected
or the order was issued or whether the contention is that repairs were
made following the issuance of the Rent Administrator's order. If it is
the former, then the owner's allegation is belied by the report of the
inspector. If it is the latter, then the Administrator's order reducing
the rent was nevertheless correct when issued and this order is issued
without prejudice to the owner filing a restoration of rent application.
The owner's allegation of denial of access is contradicted both by its own
assertion that repairs have been completed and the tenant's assertion
regarding appointments. Moreover, the owner has not submitted credible
evidence in support of this allegation.
With respect to the error in the order noted by the owner, the
Commissioner notes that the error is a clerical error which does not
affect the substance of the order.
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
Rent Administrator's order be, and the same hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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