DA210179RO
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.: DA210179RO
RESIDENTIAL MANAGEMENT INC. RENT
ADMINISTRATOR'S DOCKET
NO.: CA210263S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On January 3, 1989 the above named petitioner-owner timely
refiled a Petition for Administrative Review against an order of
the Rent Administrator issued November 17, 1988. The order
concerned housing accommodations known as Apt 1F located at 50
Kenilworth Place, Brooklyn, 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 19, 1988 by
filing a complaint asserting that the owner had failed to maintain
certain required services in the subject apartment including the
master TV antenna.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on March 15,
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 12, 1988. The
inspection confirmed that the master antenna is inoperative.
The Administrator issued the order here under review on
November 17, 1988 and ordered a reduction of the stabilized rent.
On appeal the owner states, in sum, that repairs to the
antenna have been completed. The petition was served on the tenant
on March 29, 1989.
DA210179RO
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 because the master antenna was in need of
repair from August 1987 until January 1989 when it was finally in
operative order.
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 owner's rent restoration application
(Docket No. EC210018OR) 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
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