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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.: DD110307RO
ROCKAWAY ONE CO. RENT
ADMINISTRATOR'S DOCKET
NO.: CH130047B
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 26, 1989 the above named petitioner-owner filed a
Petition for Administrative Review against an order of the Rent
Administrator issued March 22, 1989. The order concerned various
housing accommodations located at 20-43 Seagirt Blvd., Seagirt
Beach, N.Y. The Administrator directed restoration of services and
ordered a rent reduction for failure to maintain required services.
The Commissioner has reviewed the record and carefully
considered that portion relevant to the issues raised by this
appeal.
This proceeding was commenced on August 16, 1988 when one rent
stabilized tenant filed a Statement of Complaint of Decrease in
Building-Wide Services wherein he alleged that there were no
mirrors in the building elevator.
The owner was served with a copy of the complaint and afforded
an opportunity to respond. The owner filed a response on October
28, 1988 and stated that the condition had been corrected. Annexed
to the response is an affidavit from the owner's manager wherein
it is stated that a contractor had been retained to install mirrors
in the elevators.
The Administrator ordered a physical inspection of the subject
building. The inspection was conducted on January 31, 1989 and
revealed that there was no mirror in the subject elevator.
The Administrator issued the order here under review on March
22, 1989 and ordered a reduction of the complaining tenant's rent
based on the inspection report.
On appeal the owner states that all repairs have been
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completed and the mirrors have been replaced. The petition was
served on the tenant on August 22, 1989.
The tenant filed a response on September 6, 1989 and stated
that the petition should be denied because the service was only
restored upon issuance of the Administrator's order.
After careful review of the evidence in the record, the
Commissioner is of the opinion that the petition should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code a
tenant may apply to the DHCR for a rent reduction and the rent
shall be reduced based on a finding that the owner has failed to
maintain required services. The Commissioner finds that the
Administrator based this determination on the entire record
including the results of the on-site physical inspection conducted
on January 31, 1989. The owner has offered no proof to rebut the
inspector's report. The order here under review was correctly
issued and is, therefore, 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. Based on the statement of the complaining
tenant in the response to the petition that the service was
restored, the rent is ordered restored effective September 1, 1989,
the first rent payment date following service of the owner's
petition on the tenant.
THEREFORE, pursuant to the Rent Stabilization Law and Code 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, and it is further
ORDERED, that the rent be, and the same hereby is, ordered
restored effective September 1, 1989. If the tenant owes arrears
based on the Commissioner's determination herein, the arrears may
be paid off in twenty-four (24) equal monthly installments or
immediately if the tenant vacates the apartment.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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