DD410029RO
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.: DD410029RO
DLC Associates, L.P.,
RENT ADMINISTRATOR'S
DOCKET NO.: CB410704S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 4, 1989 the above-named petitioner-owner filed a petition
for administrative review of an order issued on March 1, 1989 by
the Rent Administrator, concerning the housing accommodation known
as 88 Second Avenue, Apt. 5, New York, New York, wherein the
Administrator determined that the owner had failed to maintain
required services, reduced the rent and directed the owner to
restore 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 administrative appeal.
This proceeding was commenced by the filing by the tenant of a
complaint of a decrease in services on February 22, 1988, alleging
that the apartment had not been painted since 1984, that her
ceiling has collapsed due to a renovation above, and problems with
the ceilings and walls of an unspecified nature.
An inspection conducted by a DHCR staff inspector on February 13,
1989 disclosed severe peeling paint and plaster, as well as bulged,
stained, and cracked plaster due to leaks. The Administrator
issued an order on March 1, 1989 finding that the subject apartment
is water damaged with peeling paint and plaster throughout,
reducing the rent, and directing the owner to restore the services.
In the PAR, the owner contends that it was not served in the
proceeding below and that a visit to the apartment after the
DD410029RO
Administrator's order was issued, revealed that there is absolutely
no water damage or peeling paint and plaster in the apartment and
furthermore that such condition has never existed.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The Commissioner rejects the owner's contention that it was never
served in the proceeding below.
The owner was served with a copy of the tenant's complaint on April
28, 1988. However, the record does not contain the owner's answer,
if any was filed.
The Commissioner also rejects the owner's statements that the
condition or conditions complained of by the tenant, and confirmed
by the Division's inspector, do not exist and never have.
The report filed by the inspector, an employee of the Division who
is not a party to this proceeding, was properly placed in the
record for consideration by the Administrator. The report
describes the condition of peeling paint and broken plaster with
visible leak damage throughout the apartment. The Commissioner
notes that although the owner denies existence of this visible
condition, he has offered no evidence of his disclaimer.
The Commissioner finds that the evidence of record adequately
supports the Administrator's order.
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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