DE 420139 RO
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.: DE 420139 RO
West Bank Realty, DISTRICT RENT ADMINISTRATOR
DOCKET NO.: CC 420572-S
Premises: 82 West 105th St.,
PETITIONER #2E
-----------------------------------X New York, NY
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
relating to the above described docket number.
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.
On March 10, 1988, the tenant commenced the proceeding below by
filing a complaint of decrease in services. The tenant in his
complaint stated that the apartment had last been painted in
1982, the floors needed scraping, all the windows were defective,
no light in the bathroom and that the wasn't any refrigerator for
five months.
On April 28, 1988, the owner was served with the complaint and
afforded an opportunity to review it and comment thereupon.
On May 22, 1988, the owner requested a thirty day extension of
time to answer.
In its answer of June 14, 1988, the owner denied the tenant's
allegation regarding the refrigerator asserting that a new
refrigerator had been purchased. To support this assertion the
owner attached a bill and a copy of a cancelled check for said
refrigerator. With respect to the other complained of
conditions, the owner asserted in pertinent part that the tenant
denied the owner access to the apartment and, as such, repairs
could not be effectuated.
Thereafter, the tenant and owner were both directed to be present
for a physical inspection at the subject apartment on April 11,
1989 at 9:00 a.m. so as to provide access to the owner for the
purposes of attending to repairs and/or restoring services. Both
parties were cautioned that failure to appear would result in a
determination based solely on the evidence in the record.
On April 11, 1989 a staff inspection was conducted by a Division
inspector. The inspector's report stated that the owner was not
represented at the time of inspection. In addition, the
DE 420139 RO
inspector's report stated the following: the bathroom ceiling and
kitchen walls were bulging, cracked and peeling paint and
plaster; the dining room ceiling and ceiling over the stove were
bulging and cracked; the hall walls were discolored and peeling
paint; the ceilings and walls in both bedrooms were discolored
and peeling paint and plaster. The inspector's report stated
that all of the above mentioned conditions were hazardous. With
regard to the other complained of conditions the inspector's
report stated that the floors were in acceptable condition, there
was no evidence of defective windows, the bathroom light and
refrigerator had been repaired.
On May 3, 1989, the Administrator issued an order directing a
restoration of services and a reduction of the maximum legal
rent.
In its petition for administrative review the owner requests that
the Administrator's order be reversed. The owner states that the
tenant did not ask for a rent reduction in his original
complaint. In addition, the owner states that the tenant refuses
to allow the owner to paint and plaster his apartment.
The Commissioner is of the opinion that the petition should be
denied.
The owner's statements in its petition are without merit The
Commissioner notes that the subject apartment is a rent
controlled unit, and, as such, the tenant is not required to
apply for a rent reduction to receive one if a determination is
made that services are not being provided. In addition, the
owner failed to appear for the physical inspection after being
notified and cautioned that a failure to appear would result in a
determination based solely on the evidence in the record. It was
at this time that the owner should have commenced repairs in the
subject apartment.
The Commissioner notes that on August 2, 1991, the owner filed an
application for a restoration of rent, under docket number
FH 420011 OR, and that this proceeding is still pending.
THEREFORE, in accordance with the Rent and Eviction Regulations
for New York City, 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:
ELLIOT SANDER
Deputy Commissioner
DE 420139 RO
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