ADM. REVIEW DOCKET NO. BL 110026 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 REVIEW
APPEAL OF DOCKET NO. BL 110026 RO
:
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO. BD 110495 - S
LIFTON COMPANY
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On December 3, 1987 the above-named petitioner filed a
Petition for Administrative Review against an order issued on
November 17, 1987 by the Rent Administrator of the Gertz Plaza,
Jamaica, District Rent Office, concerning the housing
accommodations known as Apartment 4M, 144-70 41st Avenue,
Flushing, New York 11355.
The issue herein is whether there was a decrease in services
warranting reduction of the legal regulated rent.
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.
On April 29, 1987 the tenant filed a complaint of decrease in
services, alleging that there is peeling plaster around the only
window in her studio apartment, that during periods of rain, water
seeps in through the bricks and has ruined her personal
possessions.
In its answer, dated June 1, 1987, the owner responded to the
above complaint by stating that any water problems this tenant was
experiencing have been fixed. The owner enclosed copies of two
bills for repairs dated November 4, 1985 and February 28, 1986.
On September 23, 1987 a physical inspection of the subject
housing accommodation was conducted by the DHCR. The inspector's
report confirmed existence of the complained of conditions.
On November 17, 1987, the Rent Administrator issued an order
based on the report of the physical inspection, reducing the legal
regulated rent by the percentage of the most recent guidelines
adjustment for the tenant's lease which commenced before June 1,
1987, the effective date of the order, and directing the owner to
refund to the tenant all amounts collected in excess of the
ADM. REVIEW DOCKET NO. BL 110026 RO
reduced rent since the above mentioned effective date.
In its petition, the owner contends that all necessary brick
work and painting was done and there is no longer a water problem,
as evidenced by the invoices submitted.
The Commissioner is of the opinion that this petition should
be denied.
Despite the owner's assertions, the physical inspection
report disclosed the complained of conditions existed and, the
Commissioner finds that the rent reduction is warranted. The
invoices submitted relate to work done before the date of the
tenant's complaint.
This order is issued without prejudice to the owner's right
to file the appropriate application for restoration of the rent,
if the facts so warrant.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be, and the same hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
ADM. REVIEW DOCKET NO. BL 110026 RO
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