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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.: CK110192RO
Markfair Properties, Inc.,
RENT ADMINISTRATOR'S
DOCKET NO.: CH110181S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 9, 1988, the above-named petitioner-owner timely
refiled a petition for administrative review (PAR) of an order
issued on October 7, 1988, by the Rent Administrator, concerning
the housing accommodation known as 139-12 34th Road, Flushing,
N.Y., Apt. A-3, 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 August 12, 1988, the tenant filed a complaint alleging that the
owner had failed to maintain various services due to the
consequences of a fire which occurred on August 9, 1988.
The owner filed an answer to the complaint alleging that all
repairs were made.
A DHCR inspection conducted on August 31, 1988 revealed that:
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1. There were broken ceilings throughout apartment.
2. Floors throughout apartment are warped. (water and
smoke damage to apartment).
3. Broken windows throughout apartment.
The inspection also showed that the owner restored gas, hot and
cold water and electricity.
On appeal, the petitioner-owner asserted, in pertinent part, that
there is no fire damage in the apartment, the DHCR erred because it
ignored all evidence submitted on its behalf and that the owner did
not receive a copy of the DHCR inspection report.
The petition was served on the tenant on January 12, 1989.
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.
Concerning the petitioner-owner's argument that the Administrator
failed to give it notice of the inspection or the results, the
Commissioner finds that due process does not require that the owner
be informed that inspections are to take place or that it be sent
copies of the reports with an opportunity to rectify the condition
or to respond. The owner had adequate notice from the tenant's
complaint of conditions requiring its attention.
The Commissioner has also considered and rejects the petitioner's
claim on appeal that the required repairs were made prior to the
issuance of the Rent Administrator's order.
A copy of the tenant's complaint was mailed to the owner on August
18, 1988, and the Rent Administrator's order was issued on October
7, 1988.
It is apparent that the owner had approximately six (6) weeks to
attend to the complained-of conditions, but had failed to do so
prior to the issuance of the Rent Administrator's order.
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The service deficiencies shown in the inspection report required
immediate owner attention, particularly because they were caused by
a fire which occurred on August 9, 1988.
The Commissioner notes that all evidence submitted by the owner was
carefully considered by the Rent Administrator. The Commissioner
finds, therefore, that the Administrator properly based his
determination on the entire record, including the results of the
on-site physical inspection conducted on August 31, 1988, and that
pursuant to Section 2523.4(a) of the Code, the Administrator was
mandated to reduce the rent upon determining that the owner had
failed to maintain services.
Accordingly, the Commissioner finds that the owner has offered
insufficient reason to disturb the Rent Administrator's
determination.
The Division's records reveal that the owner's rent restoration
application was granted on March 23, 1989 (Docket No. CJ110062OR)
and that the tenant has vacated the apartment.
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
that the Administrator's order be, and the same hereby is,
affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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