ADM. APPEAL DOCKET NO. BH - 210160 - RO
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.
BH - 210160 - RO
:
D.R.O.DOCKET NO.
AG - 210494 - S
RON DAVIS - LINCOLN PLACE
ASSOCIATES
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On August 18, 1987, the above-named petitioner-owner filed
an Administrative Appeal against an order issued on August 3,
1987, by the District Rent Administrator, 92-31 Union Hall
Street, Jamaica, New York, concerning the housing accommodations
known as 394 Lincoln Place, Brooklyn, New York, Apartment N . A-
1.
The issue herein is whether the District Rent Administrator
properly reduced the rent of the subject apartment.
The District Rent Administrator's order, appealed herein,
found that a diminution of service had occurred and reduced the
tenant's rent to the level in effect prior to the last rent
guideline increase which commenced before the effective date of
the rent reduction.
On appeal, the petitioner-owner contends that he was never
notified that repairs were necessary; that he was given
insufficient time to make repairs; that extermination services
are provided to all tenants and that cabinet repairs were
completed long ago.
After a careful consideration of the entire evidence of
record 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 for a reduction of the legal regulated
rent 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 as defined in Section 2520.6(r) to include repairs and
maintenance.
The tenant filed an Individual Tenant Statement of Complaint of
ADM. APPEAL DOCKET NO. BH - 210160 - RO
Decrease in Services and a copy of the complaint was served on
the owner on August 7, 1986.
The owner filed an answer to the complaint, on August 15,
1986, alleging in substance that he was in the process of making
all repairs.
Two inspections were held by the DHCR on October 8, 1986 and
October 17, 1986. The inspector's report showed that although a
number of repairs were completed; several were not. More
specifically, the report revealed that the kitchen cabinet doors
were loose and needed refitting; that roach and mice infestation
was in evidence in the kitchen and that the wrong door was
installed on the kitchen pantry.
It is clear that the owner was notified by the District Rent
Administrator that repairs were needed and that he was accorded
sufficient time to complete all repairs. The record demonstrates
that the tenant's complaint was served on the owner on August 7,
1986 and that the District Rent Administrator's order was issued
on August 3, 1987. The owner had, therefore, almost one year to
complete all necessary repairs, but had failed to do so.
The Commissioner notes that the owner filed an answer to the
tenant's complaint, on August 15, 1986, showing plainly that he
had received a copy of the tenant's complaint. Moreover, the
owner failed to submit any evidence below in support of his
contention that exterminator services were being provided to all
tenants; nor did he submit a tenant-signed work order for repairs
to the District Rent Administrator.
Accordingly, the Commissioner finds that the Rent
Administrator properly determined that the owner had failed to
maintain services based on the evidence of record, including the
results of two physical inspections of the subject premises, and
correctly reduced the rent of the subject accommodation.
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 Administrator's order be, and the same hereby is,
affirmed.
Upon a restoration of services the owner may separately apply for
a rent restoration.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
ADM. APPEAL DOCKET NO. BH - 210160 - RO
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