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.: CC120263RO
JULIA SKARMOUTSOS, RENT ADMINISTRATOR'S
DOCKET NO.: BG120271S
PETITIONER PREMISES: 150-04 26 Avenue
Apt. 4A
Queens, NY
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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 February 26, 1988 concerning the
housing accommodations 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 this administrative appeal.
This proceeding was commenced on July 2, 1987 by the tenant filing
a complaint which asserts that the owner failed to maintain various
services in the subject apartment.
In answer, the owner denied the allegations in the complaint, and
asserted in substance that the tenant was responsible for the
complained of conditions; and that the tenant slammed the door when
the owner came to do repairs.
A physical inspection of the subject apartment was conducted on
January 21, 1988 by a DHCR staff member who confirmed the existence
of defective conditions.
By an order dated February 26, 1988, the Administrator directed the
restoration of services and ordered a rent reduction as follows:
1. The bathroom tiles are loose and broken,
allowing water seepage. $3.00
2. The bathroom close-off valve is broken. $2.00
3. The outlets are defective in the living
room, kitchen and bedroom. $3.00
CC120263RO
4. The apartment windows throughout have
warped frames and sashes, allowing air
seepage; they require putty and painting;
there are cracked and broken window glass
panes. (8 windows at $2.00 each) $16.00
Total= $24.00
In the petition for administrative review, the owner contends that
"all repairs were done in 1987" and "the rent should not have been
reduced." The owner attached no proof concerning this allegation.
In answer, the tenant asserted that repairs were not made.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
DHCR is authorized to order a rent reduction, upon application by a
tenant, where it is found that an owner has failed to maintain
essential services.
The owner's petition does not establish any basis for revoking or
modifying the Administrator's order, which determined that the owner
was not maintaining services based on a physical inspection
confirming the existence of defective conditions in the subject
apartment for which a rent reduction is warranted.
The owner alleges that the defective conditions were repaired "in
1987" prior to the issuance of the order under review. However, the
owner offered no evidence to substantiate the allegation before the
Administrator.
The rent restoration application (FF120133OR) was granted in part on
December 20, 1991; the rent restoration application (GB120038OR) was
fully granted on June 25, 1993.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
THEREFORE, in accordance with the Rent and Eviction Regulations, it
is
ORDERED, that this petition be, and the same hereby is, denied, and
that the Administrator's order be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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