CK110179RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL STREET
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: CK110179RO
M. Malik Management,
RENT ADMINISTRATOR'S
DOCKET NO.: BL110139S
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 84-11 Elmhurst Avenue, Apt.# 6G, Elmhurst,
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 on
December 10, 1987 asserting that the owner had failed to maintain
certain services in the subject apartment.
In an answer, the owner denied the allegations set forth in the
complaint and otherwise asserted that the tenants are acting in bad
faith by filing this complaint when a harassment complaint has
already been filed.
Thereafter, inspections of the subject apartment were conducted by
a DHCR inspector on September 29 and 30, 1988, which confirmed the
existence of the following defective conditions:
1. There is vermin infestation.
2. Diningroom radiator enclosure is defective.
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 exterminator services are available upon request
CK110179RO
which the tenant is well aware of and that an attached work order
dated February 23, 1988 signed by the tenant establishes that the
radiator was repaired.
The DHCR served a copy of the petition on the tenant on February
14, 1989. The tenant answered that his apartment has not been
exterminated for 3 years and enclosed photographs of mice caught in
traps. The tenant also stated that the radiator was repaired, but
in an unworkmanlike manner on February 23, 1988.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to 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 two physical
inspections confirming the existence of defective conditions in the
subject apartment for which a rent reduction is warranted.
The Administrator's order was properly based on the September 29
and 30, 1988 on-site inspections which confirmed the existence of
vermin infestation and the defective diningroom radiator enclosure.
Accordingly, the determination was in all respects proper and is
hereby sustained.
The owner may file a rent restoration application if the facts so
warrant. The rent will not be restored until a rent restoration
application is filed and granted.
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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