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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, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
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PRUT APARTMENTS INC.
(ABROD REALTY),
RENT ADMINISTRATOR'S
DOCKET NO.:
CA410224S
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 224 Elizabeth Street, Apt. 16, 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 and, in addition, that the owner requires the
tenants to perform apartment renovations.
While the owner was served with a copy of the complaint on March
21, 1988, there is no record of an answer having been filed.
Thereafter an inspection of the subject apartment was conducted by
a DHCR inspector who confirmed the existence of the defective
conditions: severe roach and rodent infestation due to hole under
kitchen sink.
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, that the tenant breached the lease and created plumbing,
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electrical, and structural violations which were removed by the
owner but it was the tenant's responsibility to seal holes and
repaint. In addition, the owner asserts that the tenant has not
paid rent since February, 1985, and that there is a proceeding
pending in Supreme Court, N.Y. Co.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
Pursuant to Section 2523.4 of the 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 condi-
tions in the subject apartment for which a rent reduction is
warranted.
The lease, which is not in evidence here, cannot serve to relieve
the owner of his obligations to maintain required services.
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
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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