CI410025RO
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.: CI410025RO
EDLARO ESTATES, RENT ADMINISTRATOR'S
DOCKET NO.: BI410609S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodation known as 525 East 82nd Street, Apartment #12E, New
York, New York.
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 repair the leak damage to
the walls and ceilings throughout the apartment.
In an answer, the owner denied the allegations set forth in the
complaint or otherwise asserted that all required repairs had been
or will be completed.
Thereafter, an inspection of the subject apartment was conducted by
DHCR inspector, on July 26, 1988, who confirmed the existence of
the following defective condition:
Walls and ceilings throughout the apartment have leak
damage.
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, in
substance, that they have always maintained their building, they
CI410025RO
have paid for painting and bricklaying, they enclosed bills
supporting this, and that when there is a leak they repair it
immediately.
The DHCR served a copy of the petition on the tenant on October 17,
1988. The tenant's response was that the building is not properly
maintained and that the walls and roof still leak continually
causing water damage to their apartment. The tenant enclosed
photographs to prove that the defective condition still exists.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Administrator's order was properly based on a July 26, 1988 on-
site inspection which confirmed that the walls and ceilings
throughout the apartment have leak damage. Accordingly, the
determination was in all respects proper and is hereby sustained.
Pursuant to Section 2523.4 of the Rent Stabilization Code, DHCR is
required to order the rent reduction, upon application by the
tenant, where it is found that the 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 Division's records reveal that a subsequent rent restoration
application was granted (Docket No. DJ410195OR).
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
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