CB110364RO
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.: CB110364RO
Ron Lazarus
Jackson 34 Associates,
RENT ADMINISTRATOR'S
DOCKET NO.: BG110161S
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 86-10 34th Avenue, Apartment 215,
Jackson Heights, 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
July 7, 1987, asserting that the owner had failed to maintain
certain services in the subject apartment such as a leaking hot
water faucet and a defective shower pan that causes flooding in the
apartment below.
In an answer, the owner asserted that all required repairs had been
completed upon receipt of the complaint. The owner also states
that on September 11, 1987, he visited the tenant's apartment, saw
that the work was completed and that the tenant was satisfied with
the repairs.
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector on December 15, 1987 who confirmed the existence
of the following defective conditions:
1. Kitchen sink hot water faucet leaks.
2. Bedroom ceiling is blistered from water seepage.
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the stabilization rent.
CB110364RO
In its petition for administrative review, the owner states, in
substance, that the kitchen faucet has been replaced, the entire
apartment has been painted, and that an answer was sent to the DHCR
stating that all work has been completed and personally inspected.
The DHCR served a copy of the petition on the tenant on May 13,
1988.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 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 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 on-site
inspection on December 15, 1987 which confirmed the existence of a
kitchen sink hot water faucet that leaks and bedroom ceiling that
is blistered from water seepage. Accordingly, the determination
was in all respects proper, and is hereby sustained.
The Division's records reveal that the owner's rent restoration
application was granted (Docket No. HH110060OR).
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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