DA110158RO
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.: DA110158RO
GEORGE SIDERAKIS RENT
ADMINISTRATOR'S DOCKET
NO.: CH110656S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 24, 1989 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued January 6, 1989. The order concerned housing
accommodations known as Apt. 1C located at 40-15 99th Street,
Corona, 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 August 30, 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 September
28, 1989 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 November 7, 1988. The
inspection confirmed the existence of the following defective
conditions:
1. Loose bathroom sink,
2. Bottom of refrigerator defective; door gasket
broken,
3. Evidence of infestation,
DA110158RO
4. All apartment windows had loose glass panes,
5. Wall tiles of shower wall are loose.
The Administrator issued the order here under review on
January 6, 1989 and ordered a reduction of the stabilized rent.
On appeal the owner states, in sum, that all work was
completed in the subject apartment in Septembert, 1988. The
petition was served on the tenant on March 7, 1989.
The tenant filed a response on March 27, 1989 and stated, in
substance, that the order here under review was correctly issued
and should be affirmed.
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 which took place after the date the
owner says all repairs were completed. 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 Division's records reveal that the
owner's rent restoration application (Docket No. FA110054OR) was
denied on September 24, 1991. The owner may refile for rent
restoration when services have been fully restored.
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
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