DG410163RO
STATE OF NEW YORK
DIVISION OF HOUSING AND COMMUNITY RENEWAL
OFFICE OF RENT ADMINISTRATION
GERTZ PLAZA
92-31 UNION HALL
JAMAICA, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:
DG410163RO
Edlaro Estates,
RENT ADMINISTRATOR'S
DOCKET NO.:
CK410133OR
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named petitioner-owner filed a timely petition for
administrative review of an order issued concerning the housing
accommodation known as 525 East 82nd Street, Apt. 12E, New York,
New York.
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 owner commenced the proceeding on November 30, 1988 by filing
an Application for Rent Restoration wherein it alleged that it had
restored services for which a rent reduction order bearing Docket
No. BI410609S had been issued wherein the owner was directed to
correct the problem of leak damage on the walls and ceilings
throughout the apartment.
Thereafter, an inspection of the subject apartment was conducted by
a DHCR inspector on May 17, 1989, who confirmed the existence of
the following defective condition: Extensive damage to the walls
and ceilings throughout the apartment.
The Rent Administrator denied the owner's rent restoration
application.
DG410163RO
In its petition for administrative review, the owner states, in
substance, that the rent restoration application included invoices
from a restoration company which clearly demonstrates that the
leak, which formed the basis of the order, had been repaired. The
owner further states that any leaks found during the May 17, 1989
inspection are new and different leaks.
The DHCR served a copy of the petition on the tenant on October 26,
1989. The tenant answered that the leaks are not new and different
and that the owner only initiates cosmetic work to cover the leaks
including replastering and painting but has never addressed the
underlying problem of water seepage.
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 inspector's report of extensive leak damage
throughout the apartment confirms that the problem was not properly
corrected in an effective manner for which denial of the owner's
application was warranted.
The Division's records reveal that a subsequent rent restoration
application was granted (DJ410195OR).
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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