CF210129RO
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.: CF210129RO
61 Street Realty & Properties
RENT ADMINISTRATOR'S
DOCKET NO.: BJ210076B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On June 8, 1988, the above-named petitioner-owner filed a petition
for administrative review of an order issued on May 18, 1988, by
the Rent Administrator, concerning the housing accommodation known
as 305 Martense Street, Various Apartments, Brooklyn, New York
11219, wherein the Administrator determined that the owner had
failed to maintain required services, specifically, that the mail
boxes were broken and there was no lock in the roof door.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issue raised by the administrative appeal.
The proceeding was commenced by the filing of a complaint of
decrease in services on October 28, 1987, alleging, among other
things, that the front and roof doors do not lock, creating a
safety menace. The owner was served with a copy of the tenant's
complaint on December 7, 1987, but failed to respond.
Thereafter, on March 4, 1988, an inspection of the building
confirmed the lack of a lock on the roof door, and the broken
mailboxes, resulting in the administrator's order of May 18, 1988
reducing the rent and directing a restoration of services.
In the petition for administrative review, the owner states that
all repairs have been made, that the roof door has been made self
closing, but a lock is not allowed by the Fire Department.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
CF210129RO
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, which simply asserts that all
repairs have now been made, does not establish any basis for
modifying or revoking the Administrator's order which determined,
based on a physical inspection that the owner was not maintaining
required services and confirmed the existence of defective
conditions in the subject building for which a rent reduction is
warranted.
The Commissioner notes that while the Administrator's order refers
to a roof door lock, it should be taken to mean a self closing or
self latching door, which the owner states has now been installed.
The owner may file a rent restoration application if the facts so
warrant.
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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