ADM. REVIEW DOCKET NO.: BK610109RO
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.:
BK610109RO
:
RENT ADMINISTRATOR'S
DOCKET NO.:
BC610294S
PREMISES: 3515 Rochambeau
JOEL YASGUR/ROSS YASGUR/ Ave., Apt. No. 3A, Bronx,
3515 REALTY CORP., NY
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for
administrative review of an order issued on October 21, 1987
concerning the housing accommodations relating to the above-
described docket number wherein the Administrator ordered a rent
reduction based on a finding of a decrease in services.
The issue in this appeal is whether the Administrator's order
was warranted.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issues raised by the administrative appeal.
This proceeding was commenced on March 10, 1987 by a rent-
stabilized tenant filing a complaint, asserting that "the bathroom
floor...is at angle," the floor tiles need replacing, and the
"living room floor is also at an angle."
ADM. REVIEW DOCKET NO.: BK610109RO
On April 3, 1987, the Division sent the owner a copy of the
tenant's complaint.
In an answer filed on April 20, 1987, the owner denied the
allegations as set forth in the tenant's complaint and otherwise
asserted that in the past, the tenant complained to obtain a rent
reduction and would not allow the repairman to do repairs.
An on-site inspection of the subject apartment was conducted
on July 30, 1987 by a Division staff member who reported that "the
bathtub is very uneven", "sinking down by the faucet wall", about
four inches (4") unlevel, and needing repair.
The Administrator directed restoration of services and ordered
a reduction of the stabilized rent.
In the petition for administrative review, the owner contends
in substance that there is no such bathtub violation as indicated
by copies of inspection reports from the New York City Department
of Housing Preservation and Development. In addition, the owner
alleges that he received no prior notice of the tenant's complaint.
In answer, the tenant states in substance that as a senior
citizen, he finds it difficult to use the bathroom due to the
uneven flooring, and that he easily slides on the uneven tub.
The Commissioner is of the opinion that the petition should be
denied.
In respect to the owner's allegation that he was not notified
of the tenant's complaint, the record clearly shows that the owner
answered the complaint below.
The Administrator's determination was based upon an
inspector's report dated July 30, 1987 which confirmed the problem
with the defective tub. The Administrator's determination was in
all respects proper and is hereby sustained.
Furthermore, the owner-submitted copy of Notice of Violation
from the New York City Department of Housing Preservation and
Development dated May 21, 1987 shows that the bathroom needs to be
repaired due to "broken or defective ceramic tile floor" and the
"excessive settlement of floor."
THEREFORE, in accordance with the Rent Stabilization Law and
Code, it is
ORDERED, that this petition be, and the same hereby is,
denied, and that the Administrator's order be, and the same hereby
ADM. REVIEW DOCKET NO.: BK610109RO
is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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