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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.:
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JO ANN NEUHOFF DOUGLAS,
RENT ADMINISTRATOR'S
DOCKET NO.:
BC410423S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-tenant filed a timely Petition for
Administrative Review (PAR) of an order issued concerning the
housing accommodations known as 170 2nd Avenue, Apartments 7-D and
7-E, New York, New York.
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 the proceeding below by filing a complaint on
March 17, 1987, asserting that the owner had failed to correct the
noise level of the radiators and/or steam pipes and to regulate the
water temperature in the faucets. The tenant indicated in the com-
plaint that she occupies two adjoining apartments, of which one is
rent controlled and one is rent stabilized.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed.
Thereafter on September 29, 1987, an inspection of the subject
apartment was conducted by a Division of Housing and Community
Renewal (DHCR) inspector who confirmed that there were no defective
conditions at the time of inspection and that the conditions have
been corrected.
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The tenant then filed a petition for administrative review, which
states, in substance, that the windows cannot be opened from the
top and many cannot be opened from the bottom, and that the windows
in front of the fire escape have no locks or window safety guards.
The DHCR served a copy of the petition on the owner on March 15,
1988.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Section 2202.16 of the Rent and Eviction Regulation, authorizes a
rent reduction where there has been a decrease in essential ser-
vices which are defined in Section 2200.3 to include repairs and
maintenance and the furnishing of light, heat, and hot and cold
water.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order the rent reduction, upon application by the
tenant, where it is found that the owner has failed to maintain
required services which are defined in Section 2520.6(r) to include
repairs and maintenance and the furnishing of light, heat, and hot
and cold water.
An inspection confirmed that the conditions have been corrected.
Based on this inspection, the Administrator properly determined
that a rent reduction was not warranted. The tenant's petition
does not establish any basis for modifying or revoking the
Administrator's order which determined that the owner was main-
taining required services based on a physical inspection confirming
that the defective conditions in the subject apartments were
corrected. Based on this inspection, the Administrator properly
determined that a rent reduction was not warranted.
The Commissioner has considered the tenant's claim that the Admin-
istrator erred by denying her request for a reduction in rent.
However, the petition did address the subject of the order being
appealed but raised new conditions that are beyond the scope of
review and may not be considered for the first time in this appeal
proceeding.
THEREFORE, in accordance with the Rent And Eviction Regulations,
the Rent Stabilization Law and Code, and the Emergency Tenant
Protection Act of 1974, it is
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ORDERED, that this petition be, and the same hereby is, denied, and
that the Rent Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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