DA410011RO
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.: DA410011RO
RENT ADMINISTRATOR'S
DOCKET NO.: CJ430027HW
Ben Pilcer,
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 53 West 72 Street, Apt. 6D, New York, 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.
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: hot water is inadequate.
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, hot water is adequate and an inspection is requested.
The DHCR served a copy of the petition on the tenant on March
6, 1989.
DA410011RO
On March 14, 1989, the tenant interposed an answer to the
owner's petition and stated that the hot water is inadequate.
After careful consideration, the Commissioner is of the
opinion that the petition should be denied.
Pursuant to Section 2523.4 of 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
conditions in the subject apartment for which a rent reduction is
warranted.
The Commissioner notes that the owner's rent restoration
application under docket number DA420068OR was granted on May 3,
1989.
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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