DH110029RO
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.: DH110029RO
Kreisel Co., Inc.,
RENT ADMINISTRATOR'S
DOCKET NO.: DE110395S
PETITIONER
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ORDER AND OPINION GRANTING, IN PART, PETITION
FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on July 12, 1989, concerning the housing
accommodation known as 215-40 47th Avenue, Apartment 3C, Queens,
New York, wherein the Rent Administrator determined the tenant's
complaint of decreased services.
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.
In an answer, the owner denied the allegations of decreased
services set forth in the complaint or otherwise asserted that all
required repairs had been or will be completed.
Thereafter, the DHCR conducted an inspection of the subject
apartment. The DHCR inspector confirmed the tenants complaint that
the bathtub drained slowly. The inspector also stated that "due to
the time of year [June, he] could not tell if there is air
seepage."
The Rent Administrator directed restoration of these services and
further ordered a reduction of the stabilization rent.
In the petition for administrative review, the owner requests that
the Rent Administrator's order be reversed on the grounds that the
DH110029RO
improper bathtub drainage condition constituted a maintenance
problem rather than a decrease in services, and that the alleged
drafty windows the Division acknowledged could not be substantiated
could not be a basis for the rent reduction.
After careful consideration, the Commissioner is of the opinion
that the petition should be granted, in part, to the extent of
amending the Rent Administrator's order to clarify that the entry
in the order that the Division was unable to substantiate the
drafty windows condition is not cited as a basis for the rent
reduction.
The owner's petition does not establish any further basis for
modifying or revoking the Rent Administrator's order, which
determined that there existed a services decrease in the subject
apartment, based on an inspection conducted after the owner's
statement of alleged repairs. 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 any required services.
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.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that the petition be granted in part to the extent of
amending the Rent Administrator's order to clarify that the alleged
condition of drafty windows, which could not be confirmed, was not
a basis for the rent reduction granted. In all other respects, the
Rent Administrator's order is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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