DI110144RO
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.: DI110144RO
RENT ADMINISTRATOR'S
MARIA RAPPA, DOCKET NO.: DF110332S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On September 18, 1989, the above-named petitioner-owner filed
a petition for administrative review of an order issued on August
28, 1989, by the Rent Administrator, concerning the housing
accommodation known as 20-20 Palmetto Street, Ridgewood, N.Y. Apt.
3-L, wherein the Administrator determined that a diminution of
service had occurred and reduced the rent to the level in effect
prior to the last rent guideline increase which commenced before
the effective date of the order. Based on an inspection held on
August 16, 1989, the rent was reduced because of the existence of
the following service deficiencies:
1. Leak in left corner of kitchen wall causing falling paint,
plaster and cracks.
2. Bathtub enamel in poor condition and badly stained.
3. Unit inside toilet tank needs to be replaced.
4. Bathroom ceiling light fixture is hanging loose.
5. Bathroom towel holder, soap dish, and toilet tissue holder,
are missing.
6. Kitchen linoleum is worn and ripped.
7. No lock on bedroom door that opens into a public hallway.
The Rent Administrator also directed restoration of all
services.
The Commissioner has reviewed all of the evidence in the
record and has carefully considered that portion of the record
relevant to the issue raised by the administrative appeal.
The issue herein is whether the Rent Administrator properly
issued the order which found that a diminution of service had
occurred.
DI110144RO
On appeal, the petitioner-owner asserted that all those
services which were the subject of the rent reduction order below
were restored.
The petition was served on the tenant on January 10, 1990.
The tenant answered the petition alleging that repairs were either
made in an unworkmanlike manner or were not made at all.
After a careful consideration of the entire evidence of record
the Commissioner is of the opinion that the administrative appeal
should be denied.
Pursuant to Section 2523.4 of the Rent Stabilization Code, the
DHCR is required to order a rent reduction, upon application by the
tenant, where it is found that the 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.
The Rent Administrator's order was based on a physical inspection
which confirmed the existence of defective conditions in the
subject apartment for which a rent reduction is warranted.
This Order and Opinion is issued without prejudice to the
owner's right to file the appropriate application with the Division
for restoration of rent based upon a restoration of services, if
the facts so warrant.
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 provisions of the Rent
Stabilization Law and Code, 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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