DA230035RO
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.: DA230035RO
RENT ADMINISTRATOR'S
EYAL AMRANI/ORNA COMPANY DOCKET NO.: BK230066B
PETITIONER
----------------------------------x
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 various apartments at 363 Ocean Parkway,
Brooklyn, N.Y.
The Commissioner has reviewed all the evidence in the record
and has carefully considered that portion of the record relevant to
the issues raised by the petition.
This proceeding was commenced when twenty tenants joined in
the filing of 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 building was conducted
by a D.H.C.R inspector who confirmed the existence of various
defective conditions.
The Rent Administrator directed restoration of these services
and further ordered a reduction of the stabilized and controlled
rents.
In its petition for administrative review, the owner states,
in substance, that the conditions reported are temporarily due to
a replacement of the superintendent.
The DHCR served a copy of the petition on the tenant on
February 28, 1989.
DA230035RO
Several tenants interposed answers to the owner's petition,
stating, in substance, that the conditions cited in the
Administrator's order are still defective.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction
Regulations for New York City, the Administrator may order a
decrease in the maximum rent based on a finding that there has been
a decrease in the dwelling space, essential services, furniture,
furnishings or equipment required to be provided.
Pursuant to Section 2523.4 of the Rent Stabilization Code,
DHCR is required to order the 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 and essential services
based on a physical inspection confirming the existence of
defective conditions in the subject building 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 for rent
stabilized tenants that resulted by the filing of this petition is
vacated upon issuance of this order and opinion.
THEREFORE, in accordance with the Rent and Eviction Regulation
of New York City, 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:
___________________
Joseph A. D'Agosta
Deputy Commissioner
|
