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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, NY 11433
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IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.: DD510101RO
Britton Realty,
RENT ADMINISTRATOR'S
DOCKET NO.: CB410398S
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
On April 20, 1989, the above-named petitioner-owner filed a
petition for administrative review of an order issued on April 4,
1989, by the Rent Administrator, concerning the housing
accommodation known as 600 West 136 Street, Apt. 6A, New York,
N.Y., wherein the Administrator determined that the owner was not
maintaining certain required services, directed restoration of such
services, and ordered a rent reduction.
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.
A review of the record reveals that the tenant filed a complaint on
February 10, 1988 alleging that the owner was not maintaining
various services.
In answer to the complaint, the owner asserted that all repairs
would be completed by April 30, 1988.
A physical inspection on March 16, 1989 revealed water stains on
the ceilings in the bathroom and three bedrooms, and evidence of
mice and roach infestation.
Based on this report, the Rent Administrator issued the order
appealed herein.
In the petition for administrative review, the owner seeks reversal
of the order because the tenant painted the apartment herself and
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was reimbursed by the owner and regular monthly exterminating
service is provided. The owner submitted a copy of a letter dated
July 31, 1987 confirming that the tenant had painted the apartment
and it had been inspected by the superintendent; a copy of a
receipt for $350.00 paid to the tenant on August 4, 1987 for
painting and plastering; and copies of paid bills for exterminating
service for January, February, and March 1989.
The tenant filed an answer opposing the petition because of
deplorable conditions throughout the apartment, including water
leaks from the roof and huge rat holes in the kitchen.
After careful consideration of the evidence of record, the
Commissioner is of the opinion that the petition should be denied.
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 the owner is not maintaining required services.
Required services are defined by Section 2520.6(r) to include
repairs and maintenance.
In the instant case, the owner's petition fails to establish any
basis for modifying or revoking the Administrator's order which was
based on a physical inspection confirming the owner's failure to
maintain required services. The tenant's complaint alleged roof
leaks and infestation, among other things. Evidence that the
tenant painted and was reimbursed does not establish that the leaks
causing water stains on the ceilings were corrected. Similarly,
evidence of regular monthly exterminating services does not
establish that such service is effective or is utilized by the
tenant.
The tenant is advised to file a non-compliance proceeding with DHCR
if the owner has not restored required services.
The owner is advised to file a rent restoration application if the
facts so warrant.
The automatic stay of the retroactive rent reduction that resulted
by the filing of the petition vacated upon issuance of this order
and opinion.
THEREFORE, in accordance with the Rent Stabilization Law and Code,
it is
ORDERED, that this petition be and the same hereby is denied and
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the Rent Administrator's order be and the same hereby is affirmed.
ISSUED:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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