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.: CD110153RO
Lee Management c/o RENT ADMINISTRATOR'S
Horing and Welikson, DOCKET NO.: BG110496S
PETITIONER PREMISES:
94-11 34th Rd.
Apt. 2M
Jackson Heights, 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 March 10, 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.
The tenant commenced this proceeding on July 14, 1987 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In answer, the owner asserted that it inspected the apartment and
found none of the complained-of conditions existed. The owner
requested a copy of DHCR's inspection report before the issuance of
the order.
On February 5, 1988, a physical inspection of the subject apartment
was conducted by a DHCR staff member who reported that there was
peeling paint and plaster throughout the apartment; the second
bedroom walls and ceiling were mildewed; the bathroom ceiling was
water-damaged, mildewed and peeling paint and plaster; the master
bedroom wall was covered with mildew; the living room window frames
were peeling paint; the master bedroom and hallway closet doors were
off their tracks; bathroom wall tiles were missing; and there was
roach and rodent infestation.
By an order dated March 10, 1988, the Administrator directed the
restoration of services and ordered a reduction of the stabilized
rent.
CD110153RO
In the petition for administrative review, the owner contends in
substance that the Administrator failed to process the owner's
request for a copy of DHCR's inspection report before the issuance
of the order.
In answer, the tenant asserted that the defective conditions
continue to exist as confirmed by inspection.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
authorized to order a rent reduction, upon application by a tenant,
where it is found that an owner has failed to maintain required
services.
In the instant case, the owner's petition does not establish any
basis for modifying or revoking the Administrator's order which
determined that the owner was not maintaining required services
based on a February 5, 1988 physical inspection which found
defective conditions, warranting a rent reduction.
The claim of a due process violation in that the owner was not
notified of the subsequent inspection or the results thereof is
without merit (see FH410081RO; Empress Manor Apts. v. NYSDHCR, 147
A.D.2d 642, 538 N.Y.S.2d 49, 1989). The tenant's complaint was
sufficient notice; the inspection report merely confirmed the
existence of the complained-of conditions, which the owner failed to
completely and effectively address.
The Commissioner notes that the owner's rent restoration application
(CH110182OR) was granted on March 6, 1989.
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 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 is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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