CF420305RO
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.:
CF420305RO
HOWARD KAYE
FOR
IRON ASSOCIATES, RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER BK420573S
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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-E, 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 defective conditions, in that windows
throughout the apartment were loose and rattled, and that there was
peeling paint and plaster throughout the apartment.
The Rent Administrator directed restoration of these services 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.
CF420305RO
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 defective conditions in the subject
apartment for which a rent reduction is warranted.
The owner alleges that the defective conditions have been cor-
rected. If the conditions were corrected prior to the issuance of
the order under review, the owner offered no evidence to substan-
tiate the allegation before the Administrator. If the conditions
were 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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