Doc. #CH220126RO
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.: CH220126RO
Gloria Greenbaum, : RENT ADMINISTRATOR'S
DOCKET NO.: BJ220526S
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW AND
RESTORING RENT
The above-named petitioner-owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodation known as 2077 East 12 Street,Apt. 5C, Brooklyn, New
York wherein the Administrator determined that the rent for the
subject apartment should be reduced based upon a diminution of
service.
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 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.
In an answer, dated December 16, 1987, the owner denied the
allegations set forth in the complaint or otherwise asserted that
all required repairs had been or will be completed.
Thereafter, on May 6, 1988, an inspection of the subject apartment
was conducted by a D.H.C.R. inspector who confirmed the existence
of the following defective condition:
Refrigerator door gasket is old and worn out.
The Rent Administrator directed restoration of this service and
further ordered a reduction of the maximum rent by $5.00 per month.
In its petition for administrative review, the owner states, in
substance, that the part necessary to repair the tenant's old
refrigerator is no longer made; the tenant was offered the option
of a new refrigerator or a rebuilt one and she chose to keep her
present one, advising that it works fine.
The DHCR served a copy of the petition on the tenant on October 4,
1988. The tenant answered that the refrigerator was replaced with
Doc. #CH220126RO
a used unit on September 27, 1988.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied, but the rent should be
restored.
Pursuant to Section 2202.16 of the Rent and Eviction Regulation,
a rent reduction is authorized where there has been a decrease in
essential services or equipment required to be provided. Essential
services are defined in Section 2200.3 to include repairs,
maintenance, and kitchen facilities. 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 essential
services based on a physical inspection on May 6, 1988, confirming
the existence of defective conditions in the subject apartment for
which a rent reduction is warranted.
Based on the tenant's statement that the refrigerator was replaced
with a used one on September 27, 1988, the rent is restored
effective the first rent payment following issuance of this order.
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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