ADM. REVIEW DOCKET NO.: DK-510300 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.:
DK 510300 RO
: (Refile OF DJ-510061-RO)
DRO ORDER NO.:
DG-510048-S
945 ST. NICHOLAS REALTY CORP.
PETITIONER :
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On November 9, 1989, the above-named petitioner-owner
refiled and perfected a Petition for Administrative Review (PAR)
appealing an order issued on September 6, 1989 by the Rent
Administrator at Gertz Plaza, Jamaica, New York, concerning the
housing accommodation known as 945 St. Nicholas Avenue, Apartment
9/2E, New York, New York, wherein the Administrator determined
tenant's complaint of a reduction of individual apartment
services.
The tenant's complaint suggested that, as the result of
Court proceedings, the owner would install a new bathroom and
kitchen, and, new windows and that the apartment would be
painted. The tenant also indicated, among other items, that the
toilet was shaky, that there were leaks in the apartment, and
that a new stove was not provided.
An inspection was conducted on August 8, 1989 by a member of
the Division's staff. The inspector reported that the toilet
tank was not bolted and that it was loose, that the base of the
kitchen cabinet was rotted due to plumbing leaks, and that the
oven and left front burner of the kitchen stove were defective.
The inspector also noted the bathroom floor was not level.
Based on the inspection report, the Administrator issued an
order reducing the tenant's stabilized rent.
The applicable law is Section 2520.6(r) and 2523.4 of the
Rent Stabilization Code.
The owner requests the Commissioner to reverse the
Administrator's order, on grounds more fully set forth below.
The owner asserts that the kitchen cabinet and bathroom were
new and maintained adequately. However, the owner does not make
ADM. REVIEW DOCKET NO.: DK-510300 RO
clear whether the repairs had been made before the order was
issued, or whether the repairs were made following the issuance
of the order.
If it is the former, there is no indication that the owner
advised the Administrator so that the information could be
considered. Consequently, the determination below was correct
based on the record presented.
If the repairs were made following the issuance of the
order, then the determination was correct when issued. Moreover,
the installation of new equipment does not absolve the owner from
responsibility to repair and maintain.
The owner's assertion that the toilet tank cover was not
bolted or secured failed to give rise to any question of error of
law or fact in the Administrator's findings, that the toilet tank
was loose.
The tenant's assertion, that owner had failed to provide a
new stove was also sufficient to constitute notice to the owner
of stove defects.
THEREFORE, in accordance with the provisions of the Rent
Stabilization Law and Code, it is
ORDERED, that the owner's petition be and the same hereby
is denied and that the Administrator's order be and the same
hereby is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Acting Deputy Commissioner
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