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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.: CC210302RO
Trump Management, Inc.,
RENT ADMINISTRATOR'S
DOCKET NO.: BE210198S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 31, 1988, the above-named petitioner-owner filed a
petition for administrative review (PAR) of an order issued on
March 15, 1988, by the Rent Administrator, concerning the housing
accommodation known as 2727 Ocean Parkway, Brooklyn, New York,
Apt. D-18, wherein the Administrator determined that a reduction in
rent was warranted based upon a reduction in services.
The Rent Administrator also directed full restoration of services.
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 administrative appeal.
The issue herein is whether the Rent Administrator properly reduced
the rent of the subject apartment.
On May 15, 1987, the tenant filed a complaint alleging that the
owner failed to maintain services.
DHCR inspections conducted on October 19, 1987 and January 27,
1988, revealed that:
1. Bedroom window has a cracked pane and a water
damaged sash.
2. Eight newly installed windows require grouting
and painting services.
3. Outside terrace requires mortar, cement, and
grouting services.
On appeal, the petitioner-owner asserted, in pertinent part, that
the conditions set forth in the Rent Administrator's order were
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either non-existent or were repaired prior to the date of issuance
of the appealed order.
The petition was served on the tenant on May 30, 1988, and on June
3, 1988, the tenant filed an answer to the petition stating that
the conditions specified in the complaint were not corrected by the
owner.
After a careful consideration of the entire evidence of record the
Commissioner is of the opinion that the administrative appeal
should be denied.
Pursuant to Section 2523.4(a) of the Rent Stabilization Code, a
tenant may apply to the Division of Housing and Community Renewal
(DHCR) for reduction of the legal regulated rent to the level in
effect prior to the most recent guidelines adjustment, and the DHCR
shall so reduce the rent for the period for which it is found that
the owner has failed to maintain required services.
Required services are defined in Section 2520.6(r) to include
repairs and maintenance.
The record shows that a Notice and Transmittal of Tenants'
complaint was mailed to the owner on June 3, 1987, at the owner's
correct address and that the owner failed to submit an answer
below.
It is clear that the owner had approximately eleven months to
complete all necessary repairs from the time the tenant's complaint
was served to the date of issuance of the appealed order but had
failed to do so.
The Commissioner finds that the Administrator based his
determination on the entire record including the results of the on-
site physical inspection described above. The order here under
review was correctly issued and is, therefore, affirmed.
The Commissioner notes that the owner filed an application for a
restoration of the rent, under Docket No. DB210086OR which was
granted on August 8, 1989.
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 provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that this petition be, and the same hereby is, denied, and
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the Administrator's order be, and the same hereby is, affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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