DF110246RT
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.: DF110246RT
Linda Harris,
RENT ADMINISTRATOR'S
DOCKET NO.: CJ120017OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named tenant filed a timely petition for administrative
review of an order issued concerning the housing accommodation
known as 43-09 43rd Street, Apt. 5B, Sunnyside, New York.
The Commissioner had 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 owner commenced this proceeding by filing an Application for
Rent Restoration wherein it alleged that it had restored services
for which a rent reduction order bearing Docket No. CC130015B had
been issued. The rent reduction order cited the following
defective conditions:
1. Elevator doesn't level with the floors and elevator tiles are
worn out and cracked.
2. Sixth (6th) floor ceiling (above incinerator door) is
blistered and discolored due to water seepage from roof.
3. All laundry machines (4) are disconnected and tenants do not
have access to the basement.
The tenant was served with a copy of the application and was
afforded an opportunity to respond. The tenant stated that the
defective conditions still exist.
Thereafter, an inspection of the subject building was conducted on
February 10, 1989 by a DHCR inspector who confirmed that the
DF110246RT
conditions, for which the rent had been reduced, were found to have
been corrected.
In its petition for administrative review, the tenant states, in
substance, that the elevator is not leveling, the new tiles on the
elevator floor are cracked, the basement is not accessible and as
far as she knows the laundry machines have been removed. The
tenant also states that the sixth floor ceiling has been plastered
and painted and so far there is no evidence of water leaking
through.
The DHCR served a copy of the petition on the owner on August 28,
1989. The owner answered that all repairs had been made.
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, a rent
reduction is warranted upon application by the tenant, where it is
found that the owner has failed to maintain required services. The
tenant's petition does not establish any basis for modifying or
revoking the Administrator's order which determined that the owner
had corrected the defective conditions based on a physical
inspection on February 10, 1989 of the subject building. Based on
the inspection, the Administrator properly determined that services
had been restored.
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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