CC410072RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
GERTZ PLAZA
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CC410072RO
720 Riverside Drive Assoc.
RENT ADMINISTRATOR'S
DOCKET NO.: BA410146S
PETITIONER
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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 concerning the housing
accommodations know as 720 Riverside Drive, Apt.1C, New York, N.Y.
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 asserting that the owner had failed to maintain certain
services in the subject apartment.
The owner did not interpose an answer to the tenant's
complaint.
Thereafter an inspection of the subject apartment was
conducted by a D.H.C.R. inspector who confirmed the existence of
the following defective conditions:
1. Evidence of rat infestation.
2. Trip hazard between living room
floor and foyer hallway floor.
CC410072RO
The Rent Administrator directed restoration of these services
and further ordered, a reduction of the stabilization rent.
In its petition for administrative review, the owner states,
that the tenant should remove kitchen garbage from apartment, that
baits and traps have been set throughout basement area monthly, and
that corrections were made to level the uneven floor.
The DHCR served a copy of the petition on the tenant on May
18, 1988.
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 required to order a rent reduction, upon application by a
tenant, where it is found that an owner has failed to maintain
required services. 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 physical inspection confirming the existence of
defective conditions in the subject apartment for which a rent
reduction is warranted.
The record reveals that the owner filed and was granted rent
restoration.
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
and the Emergency Tenant Protection Act of 1974, it is
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
THEREFORE, in accordance with the
ORDERED, that this petition be, and the same hereby is,
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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