DC510271RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
92-31 UNION HALL STREET
GERTZ PLAZA
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DC510271RO
HARRY SNOW
RENT ADMINISTRATOR'S
DOCKET NO.: CL510363S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On March 23, 1989, the above-named owner filed a timely
petition for administrative review against an order issued
concerning the housing accommodation known as Apartment 6-D located
at 601 West 135 Street, New York, 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 issue raised in the petition.
The tenants commenced the proceeding below on December 29,
1988 by filing a complaint asserting that the toilet was in need of
repair.
Although afforded an opportunity to do so, the owner did not
interpose an answer.
Thereafter, on February 2, 1989, a staff inspector conducted
an on site inspection and confirmed the existence of a defective
flushometer.
Based thereon, the Rent Administrator, by order dated February
27, 1989, directed restoration of this service and further ordered
a reduction of the stabilized rent, in an amount equal to the most
recent guideline adjustment.
CA230235RO
In the petition for administrative review, the owner asserts
that an answer was interposed on January 26, 1989, stating that the
flushometer was repaired. The owner also attached a repair invoice
dated December 7, 1986. The petition was served on the tenant on
June 11, 1989.
After careful consideration, the Commissioner is of the
opinion that this petition should be denied.
This petition does not establish any basis for modifying or
revoking the Administrator's order which determined that the owner
was not maintaining the required service based on a staff
inspection confirming the existence of the defective condition for
which the rent reduction is warranted.
Although the owner claims to have responded to the complaint,
the record before the Administrator did not contain any answer and
the owner did not submit any proof that the answer was either
mailed to or received by the Division.
Moreover, even if the allegation of repair contained in the
answer was before the Administrator, it was effectively
contradicted by the subsequent physical inspection.
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 the petition is vacated upon
issuance of this order and opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code
and 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
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