ADM. REVIEW DOCKET NO.: CA 220230 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.:
CA 220230 RO
:
DRO ORDER NO.:
BD 220546-S
TOBY GINSBERG
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 8, 1988 the above-named petitioner-owner filed a
Petition for Administrative Review against an order issued on
December 10, 1988 by the Rent Administrator,92-31 Union Hall
Street, Jamaica, NY concerning housing accommodations known as
501 Avenue R, Brooklyn, New York, Apartment No. 3B.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
This proceeding was commenced on April 27, 1987 by the
tenant filing a complaint of decrease in services.
In response, the owner stated, among other things, that all
problems would be taken care of immediately.
On October 8, 1987, a staff member of the Division conducted
a physical inspection of the subject apartment and reported that
there was evidence of roach infestation.
On December 10, 1987,the Rent Administrator issued an order,
appealed herein, determining that the owner was not maintaining
services and reducing the rent for the subject apartment by $4.00
per month, effective on the first rent payment day following the
issue date of the order.
In this petition, the owner contends that there is constant
exterminating service at the subject premises and that all the
tenant has to do is admit the exterminator to the apartment.
The Commissioner is of the opinion that this petition should
be denied.
Section 9 NYCRR 2202.16 of the Rent and Eviction Regulations
ADM. REVIEW DOCKET NO.: CA 220230 RO
provides, in pertinent part, that if the owner fails to maintain
essential services, the Rent Administrator may order a decrease
in maximum rent in an amount which the Administrator may
determine.
The evidence of record, which includes the report of the
physical inspection conducted at the subject premises, reveals
that the owner was not maintaining services. The Commissioner
notes that the owner did not raise any contentions regarding
access during the proceeding below and therefore will not be
allowed to raise any such contentions on appeal. The
Commissioner further notes that the fact that exterminating
services are provided is not sufficient to warrant revocation of
a finding of a decrease in services if infestation still exists.
Accordingly, the Rent Administrator properly reduced the rent of
the subject apartment.
This Order and Opinion is issued without prejudice to the
owner's right to file an application for a restoration of rent,
if the facts so warrant.
THEREFORE, in accordance with the Rent and Eviction
Regulations, it is
ORDERED, that this petition be, and the same hereby is,
denied, and the Rent Administrator's order be, and the same
hereby is, affirmed.
ISSUED:
ELLIOT SANDER
Deputy Commissioner
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