DC110170RO
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.: DC110170RO
RICHARD ALBERT RENT
ADMINISTRATOR'S DOCKET
NO.: BL110738S
PETITIONER
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ORDER AND OPINION GRANTING PETITION FOR ADMINISTRATIVE REVIEW AND
REVOKING RENT ADMINISTRATOR'S ORDER
On March 8, 1989 the above named petitioner-owner filed a Petition
for Administrative Review against an order of the Rent
Administrator issued on February 16, 1989 concerning the housing
accommodations known as Apt. 2A, 93-49 222nd Street, Queens
Village, NY, wherein the Administrator determined that the owner
was not maintaining certain services, directed restoration of such
services, and ordered a rent reduction.
The Commissioner has reviewed all the evidence of record and has
carefully considered that portion relevant to the issues raised on
appeal.
The proceeding was initiated by the tenant filing seven complaints
alleging a decrease in various services.
The record does not indicate that the complaints were sent to the
owner nor does the record contain any answer by the owner to any of
the complaints.
A physical inspection of the premises by DHCR on February 1, 1989
revealed that the living room ceiling needed scraping and had
peeling paint and plaster, the bedroom wall had cracks, the second
bedroom wall had cracks, all windows were defective, there was
vermin infestation, and window frames throughout the apartment had
peeling paint and plaster.
The Rent Administrator's order appealed herein ordered a rent
reduction based on the inspector's report.
DC110170RO
In the petition for administrative review, the owner asserts, in
pertinent part, that the items described in the order are not the
items listed in the tenant's complaints and that professional
extermination services are provided on a monthly basis but the
tenant does not provide access.
The petition was served on the tenant on June 12, 1989.
In response, the tenant states that the order should be affirmed
because exterminating services provided by the owner are
ineffective.
After careful consideration of the evidence of record, the
Commissioner is of the opinion that the petition should be granted
and the rent reduction should be revoked.
Section 2523.4 of the Rent Stabilization Code requires DHCR to
order a rent reduction, upon application by a tenant, where it is
found that an owner is not maintaining required services. Such a
rent reduction is warranted only where an owner fails to make
necessary repairs after being given notice of the defective
conditions.
Of the multiple complaints filed by the tenant, none mentioned
cracked walls, peeling paint and plaster, or loose and shaky
windows. The tenant did assert infestation problems and the need
for the exterior of the windows to be painted but it cannot be
determined if these complaints were served on the owner and what,
if anything, the owner stated in response. In these circumstances,
the rent reduction ordered by the Administrator cannot be sustained
and is hereby revoked. The Division's records reveal that the
tenant has vacated the apartment, rendering further processing of
the complaints unnecessary.
THEREFORE in accordance with the Rent Stabilization Law and Code,
it is
ORDERED that this petition be and the same hereby is granted and
the Rent Administrator's order be and the same hereby is revoked.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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