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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JAMAICA WOODS ASSOCIATES,
RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER CB110281S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review against an order issued on February 28, 1989 concerning the
housing accommodation known as Apt. 5-D located at 88-05 171st
Street, Jamaica, 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 in this petition.
The tenant commenced this proceeding on February 22, 1988 by filing
a complaint asserting that the owner had failed to maintain certain
required services.
The owner was served with a copy of the complaint and afforded an
opportunity to respond. The owner filed a response on May 18, 1988
and stated that repairs to the apartment had been completed.
Thereafter, a physical inspection of the subject apartment was
conducted on February 13, 1989. The inspection revealed the
following:
1. Inadequate refrigerator service: Vegetable food
area temperature was 50 degrees F and freezer
section temperature was 23 degrees F,
2. Refrigerator door does not shut and seal properly,
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3. Bathroom floor repaired in an unworkmanlike manner,
4. Extremely low audio on bell and buzzer intercom
unit.
Based thereon, the Rent Administrator's order directed restoration
of services and further ordered a reduction of the stabilized rent.
In the petition for administrative review, the owner asserts that
all repairs were completed as of the time that it had notice of the
complaint, that it had no notice of the existence of these
conditions prior to the filing of the complaint and that it would
violate due process to impose a rent reduction for conditions whose
existence the owner was not made aware of. The petition was served
on the tenant on April 28, 1989.
The tenant filed a response on May 14, 1989 and stated, in sum,
that the owner had not restored services.
After careful consideration, the Commissioner is of the opinion
that this petition should be denied.
The Commissioner notes that pursuant to Section 2523.4 of the Rent
Stabilization Code a tenant may apply to the DHCR for a rent
reduction based on the owner's failure to maintain required
services and the Administrator shall reduce the rent upon finding
that the owner has failed to maintain such services. Pursuant to
Section 2520.6 (r) of the Code, the definition of required services
includes repairs and maintenance. This 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 an on-site physical inspection confirming the existence of
defective conditions for which a rent reduction is warranted.
Service of the complaint on the owner on March 23, 1988 afforded
the owner sufficient notice and opportunity to correct the
conditions complained of before the order was issued almost a year
later. The order here under review is affirmed.
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. The owner may 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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