CL420047RO
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.: CL420047RO
SKS REALTY CORP.,
RENT ADMINISTRATOR'S
DOCKET NO.: LC004065S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued concerning the housing known as 10
Manhattan Avenue, Apt.#3C, New York, N.Y.
The Commissioner has reviewed all 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 on
August 6, 1985 asserting that the owner had failed to maintain
certain services in the subject apartment.
In an answer, the former owner asserted that all required repairs
had been or will be completed as required by law.
Thereafter, an inspection of the subject apartment was conducted by
a DHCR inspector on July 17, 1986, who confirmed the existence of
the following defective conditions:
1) Three defective bedroom windows need repair.
2) Bathroom sink hot water pipe and faucet are defective.
3) Large hole in bathroom ceiling.
4) Roach infestation.
5) Four defective stove pilot lights.
6) Foyer repaired in unworkmanlike manner.
CL420047RO
The Rent Administrator directed restoration of these services and
further ordered a reduction of the maximum legal rent by $30.50 per
month.
In its petition for administrative review, the owner states, in
substance, that he was not the owner of the building when the
complaint was filed, that he should not be liable for the prior
owner's failure to address the tenant's complaints, and that any
remaining problems will be attended to promptly.
The DHCR served a copy of the petition on the tenant on February
14, 1989. The tenant answered that the owner has not made the
necessary repairs to the sink, windows, nor has he fixed the holes
in the walls and ceiling.
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 Regulation, a
rent reduction is authorized where there has been a decrease in
essential services which are defined in Section 2200.3 to include
repairs, maintenance, janitorial services, and removal of refuse.
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 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 July 17, 1986
on-site inspection which confirmed the existence of the three
defective windows in the bedroom, bathroom sink and hot water pipe
and faucet are defective, there is a large hole in the bathroom
ceiling, roach infestation, four defective stove pilot lights, and
the foyer was repaired in an unworkmanlike manner. Accordingly,
the determination was in all respects proper and is hereby
sustained.
A new owner takes title to property subject to the rights and
liabilities of his predecessor in interest. Accordingly, the
petitioner herein is bound by the terms of the rent reduction order
which was based on a finding of failure to make necessary repairs.
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 and Eviction Regulations for
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New York City,
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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