DA210133RO
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.: DA210133RO
RENT ADMINISTRATOR'S
PROSPECT REALTY ASSOCIATES DOCKET NO.: BJ210529S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above named owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodations known as 925 Prospect Place, Apt. 4D, Brooklyn, N.Y.
The Commissioner has reviewed all the evidence in the record
relevant to the issues raised in the petition.
The tenant commenced this proceeding by filing a complaint
asserting that the owner had failed to maintain certain services in
the subject apartment.
In an answer, the owner denied the allegations set forth in
the complaint or otherwise asserted that all required repairs had
been or will be completed.
Thereafter an inspection of the subject apartment was
conducted by a D.H.C.R. inspector who confirmed the existence of
the following defective conditions: bathroom floor is uneven,
kitchen and living room floors have cracks, vermin infestation in
kitchen and living room, kitchen sink drain leaks.
The Rent Administrator directed restoration of these services
and further ordered a reduction of the stabilization rent.
In its petition for administrative review, the owner states,
in substance, all services allegedly not provided have been
restored. The Division sent a copy of the petition to the tenant
on February 24, 1989.
The tenant interposed an answer to the owner's petition
stating that conditions complained of have not been corrected.
DA210133RO
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code,
DHCR is required to order a rent reduction, upon application by the
tenant, where it is found that the owner has failed to maintain
required services. The owner's petition does not establish any
basis for modifying or revoking the Administrator's order which
determined that the owner was not maintaining required services
based on a physical inspection confirming the existence of
defective conditions in the subject apartment for which a rent
reduction is warranted.
The owner may file a rent restoration application if the facts
so warrant.
The automatic stay of the retroactive rent abatement that
resulted by the filing of this petition is vacated upon issuance of
this order and opinion.
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:
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Joseph A. D'Agosta
Deputy Commissioner
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