CD110167RT
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.: CD110167RT
Sydney Kalikow
c/o Kaled Mgt. Corp.,
RENT ADMINISTRATOR'S
DOCKET NO.: BK110165S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 19, 1988, the above-named petitioner-tenant filed a
petition for administrative review of an order issued on March 29,
1988, by the Rent Administrator, concerning the housing
accommodation known as 69-39 Yellowstone Boulevard, Apt. 212,
Forest Hills, New York, wherein the Administrator determined that
a reduction in rent was not warranted and denied the tenant's
application.
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 denied
the owner's application for a rent reduction.
On November 12, 1987, the tenant filed a complaint alleging that
the owner was not maintaining refrigerator services.
The owner filed an answer to the complaint alleging that the tenant
was provided with a brand new 13 cubic foot refrigerator which
operated perfectly.
A DHCR inspection conducted on January 6, 1988, revealed that there
was a new 13.4 cubic foot refrigerator in the apartment which was
in perfect working order.
On appeal, the petitioner-tenant asserted, in pertinent part, that
the inspector erred insofar as the refrigerator freezer is
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deficient and the refrigerator is smaller than the one it replaced.
The petition was served on the owner on June 6, 1988 and on June
20, 1988 the owner filed an answer to the petition stating that the
refrigerator worked properly and that the DHCR inspection supported
this claim.
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 or 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 clearly shows that the Rent Administrator in denying the
tenant's application for a rent reduction, based his findings on
the results of an inspection, held by the DHCR on January 6, 1988,
which revealed that the owner was providing all required services
specified in the tenant's complaint.
The Commissioner deems it appropriate to rely on the results of the
Division's inspection and finds that the petitioner failed to
adduce convincing evidence that the inspector's findings were
erroneous in any way.
The Commissioner notes that the owner has consistently alleged that
the new refrigerator installed in the subject apartment was the
same size as the refrigerator removed from the subject apartment
and that 13 cubic feet is the same size refrigerator used in all
similar sized apartments in the building.
This order is without prejudice to the tenant's continuing right to
file an appropriate application with the DHCR for a rent reduction
if the facts so warrant.
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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that the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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