DA110105RO
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
----------------------------------x
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DA110105RO
M.Z. REALTY CORP. RENT
ADMINISTRATOR'S DOCKET
NO.: CA110057S
PETITIONER
----------------------------------x
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 3, 1989 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued December 8, 1988. The order concerned housing
accommodations known as Apt LC located at 34-25 150th Street,
Flushing, N.Y. The Administrator directed restoration of services
and ordered a rent reduction for failure to maintain required
services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
The tenant commenced this proceeding on January 12, 1988 by
filing a complaint asserting that the owner had failed to maintain
certain required services in the subject apartment.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on February
26, 1988 and asserted that all required repairs had been or will be
completed.
The Administrator ordered a physical inspection of the subject
apartment. The inspection was conducted on October 5, 1988. The
inspection confirmed that the bedroom wall and floor were vibrating
due to noise from the hot water heater and pump.
The Administrator issued the order here under review on
December 8, 1988 and ordered a reduction of the stabilized rent.
On appeal the owner states, in sum, that there has been no
decrease in services, that the hot water system was upgraded, and
that the tenants have occupied the apartment near the pump for
DA110105RO
fifteen years. The petition was served on the tenant on February
10, 1989.
The tenant filed a response on February 15, 1989 and stated,
in substance, that the order here under review was correctly issued
and should be affirmed and that the upgrading of the system has
actually made the noise problem worse.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code a
tenant may apply to the DHCR for a rent reduction and the
Administrator shall reduce the rent based on a finding that the
owner has failed to maintain required services. The definition of
required services includes repairs and maintenance. The
Commissioner finds that the Administrator based this determination
on the entire record including the results of the on-site physical
inspection described above. The owner's petition does not
establish any basis for modifying or revoking the order. The order
is, therefore, affirmed.
The automatic stay of the retroactive rent abatement which
resulted by the filing of this petition is vacated upon issuance of
this order and opinion. The Commissioner notes that the owner's
rent restoration application (Docket No. FG110260OR) has been
granted by the Administrator.
THEREFORE, pursuant to the Rent Stabilization Law and Code 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
|
