BJ 210087 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
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
BJ 210087-RO
RENT ADMINISTRATOR'S
EDWARD LEARY, DOCKET NO.:
ZBC 210579-S
PREMISES:
10 Plaza Street
PETITIONER Apt. 5-F, Brooklyn, NY
----------------------------------x
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued concerning the housing accommodation
relating to the above-described docket number.
The Commissioner has reviewed all the evidence in the record and
has carefully considered that portion of the record relevant to
the issues raised by the petition.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services
in the subject apartment. The owner failed to answ r said com-
plaint.
Thereafter an inspection of the subject apartment was conducted
by a DHCR inspector who confirmed the existence of defective
conditions.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the stabilized rent by order
issued September 8, 1987.
In his petition for administrative review, the owner states, in
substance, that he never received notice of the complaint, that
the allegations were false, that any problems caused were due to
the tenant's neglect or abuse, and that the landlord and tenant
signed an agreement settling this complaint prior to the order
being issued.
After a careful consideration, the Commissioner is of the opinion
BJ 210087 RO
that the petition should be denied.
The file from the proceeding before the Rent Administrator
indicates that notice of the complaint properly addressed was
sent to the landlord on April 15, 1987. The argument that the
tenant's allegations were false is completely contradicted by a
DHCR inspection that took place on August 17, 1987 which found
the tenant's air conditioner was inoperative and spaces existed
in the living room flooring.
The landlord submitted no evidence showing that either of the
services found to have been reduced were caused by tenant
neglect. The owner failed to specify what conditions were due to
tenant abuse or neglect so such a general statement is given
little weight.
Similarly, although the owner claims he and the tenant entered
into an agreement settling this matter no copy of said agreement
was provided. Clearly, the tenant did not withdraw her complaint
and the District Rent Administrator properly relied upon the
evidence presented.
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:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
|
