CF420303RO
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.:
CF420303RO
HOWARD KAYE
FOR
IRON ASSOCIATES, RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BK420572S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a petition for administra-
tive review (PAR) of an order issued on June 2, 1988, concerning
the housing accommodation known as 202 West 84th Street, Apartment
4-W, New York, New York, wherein the Administrator determined that
certain conditions in the tenant's apartment constituted a serv-
ices decrease.
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 proceedings by filing a complaint assert-
ing that the owner has failed to maintain certain services in the
subject apartment. A copy of the tenant's complaint was served on
the owner.
Thereafter, an inspection of the subject apartment was conducted by
a Division of Housing and Community Renewal (DHCR) inspector who
confirmed the existence of a defective condition, in that the
bottom sashs of a living room storm window had a broken pane of
glass.
The Rent Administrator directed restoration of the service and,
further, ordered a reduction of the controlled rent.
In the petition for administrative review, the owner states that
all repairs have been completed. No errors of law or fact are
alleged.
CF420303RO
The DHCR served a copy of the petition on the tenant.
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 required to order a rent reduction where it is found that
an owner has failed to maintain essential 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 services based on a physical inspection con-
firming the existence of a defective condition in the subject
apartment for which a rent reduction is warranted.
The owner alleges that the defective condition has been corrected.
If the condition was corrected prior to the issuance of the order
under review, the owner offered no evidence to substantiate the
allegation before the Administrator. If the condition was
corrected after the issuance date, the determination was proper.
The owner may file a rent restoration application if the facts so
warrant.
THEREFORE, in accordance with the Rent and Eviction Regulations,
for New York City, 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
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