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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.:
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PRUT APARTMENTS INC.,
(ABROD REALTY) RENT ADMINISTRATOR'S
DOCKET NO.:
PETITIONER CA410222S
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review (PAR) of an order concerning the housing accommodations
known as 224 Elizabeth Street, Apartment 10, New York, New York.
The Commissioner has reviewed all of 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 as-
serting that the owner had failed to maintain certain services in
the subject apartment. Although notified of the tenant's complaint
by notice dated March 21, 1988, the owner failed to respond to the
tenant's complaint.
Thereafter an inspection of the subject apartment was conducted by
a Division of Housing and Community Renewal (DHCR) inspector who
confirmed the existence of the following defective conditions:
1. Severe infestation due to holes in walls,
2. No gas service,
3. No ventilation in bathroom.
The Rent Administrator directed restoration of these services and
further ordered, a reduction of the stabilization rent.
In its petition for administrative review, the owner states, in
substance that the complaining tenant illegally moved into the
apartment, has no lease and has never paid any rent, that the prior
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tenant, who moved out in 1985, created the plumbing, electrical and
structural violations, that the holes in walls cannot be sealed
until the violations are corrected, and that there is a civil suit
pending in Supreme Court - New York County.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
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 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 based on a
physical inspection confirming the existence of defective con-
ditions in the subject apartment for which a rent reduction is
warranted.
The owner's assertion that the defective conditions were caused by
a prior tenant does not relieve the owner of its obligation to
maintain required services.
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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