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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, NEW YORK 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
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WHITAKER, BROOKE, & HARRISON INC.,
RENT ADMINISTRATOR'S
DOCKET NO.:
CI210591S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review (PAR) of an order issued concerning the housing accommoda-
tions known as 597 Park Place, Apartment 5, Brooklyn, New York.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised by the petition.
The tenant commenced this proceeding by filing a complaint as-
serting 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 Division of Housing and Community Renewal (DHCR) inspector who
confirmed the existence of the following defective conditions:
large hole in bathroom ceiling, bedroom doors
are missing, and large hole around kitchen
riser.
The Rent Administrator directed restoration of these services and
further ordered a reduction of the stabilization rent.
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In its petition for administrative review, the owner states, in
substance, that the tenant refused access to complete repairs.
The Division sent a copy of the petition to the tenant on March 8,
1989.
The tenant interposed an answer to the owner's petition which
stated that, the owner did not make an appointment and sent workmen
while the tenant was at work. The tenant also stated that condi-
tions complained of still exist.
The owner rebutted the tenant's answer and contended that the
tenant signed a work order verifying that work was completed.
Attached therewith are copies an undated work order signed by the
tenant and two receipts for repairs done after issuance of the
Administrator's order.
Subsequently, the tenant stated that she did not verify that the
work was complete, but only signed the work order so the workman
would get paid. Moreover, the bedroom door has not been replaced,
and although the bathroom ceiling was repaired, a leak has returned
and the ceiling again needs repair.
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 a tenant,
where it is found that an 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 condi-
tions in the subject apartment for which a rent reduction is
warranted.
The Commissioner notes that the owner had twice filed rent restora-
tion applications under Docket Nos. DH210167OR and FA210212OR.
Both applications were denied on July 26, 1990 and January 8, 1992
respectively.
The owner may again file a rent restoration application if the
facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
and the Emergency Tenant Protection Act of 1974, it is,
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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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