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.:DH110028RO
Kreisel Co. c/o Edward Braverman, RENT ADMINISTRATOR'S
DOCKET NO.:DE110390S
SUBJECT PREMISES:
215-19 48 Avenue
Apt. 2C
Bayside, NY
PETITIONER
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on July 12, 1989 concerning the housing
accommodations relating to the above-described docket number.
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 petition.
The tenant commenced this proceeding on May 19, 1989 by filing a
complaint asserting, inter alia, that the owner had failed to
properly seal the fuse box after the circuit breakers were
installed.
In answer, the owner asserted that services were restored and, in
pertinent part, that there is no power to the fuse box.
On June 28, 1989, a physical inspection of the subject apartment was
conducted by a DHCR staff member who reported in relevant part that
the fuse box is not sealed.
By an order dated July 12, 1989, the Administrator directed the
restoration of services and ordered a five dollars ($5.00) rent
reduction of the maximum legal rent as a result of the defective
fuse box.
In this petition, the owner contends that the "old" fuse box did not
pose any danger, was de minimis in nature and is now sealed and
rectified.
DHCR mailed a copy of the petition to the tenant.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
DH110028RO
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
the Administrator may impose a rent reduction when there has been a
reduction in services. The owner's petition does not establish any
basis to modify or revoke the Administrator's determination based on
the June 28, 1989 inspection which found that the fuse box is not
sealed. This condition is not de minimis. There is nothing in the
inspection report stating that there is no power or that the fuse is
safe. Accordingly, the Commissioner finds that the Administrator's
determination which found a defective condition, warranting a rent
reduction, was in all respects proper and is hereby sustained.
The Commissioner notes that the owner's rent restoration application
(DH110189OR) was granted on January 24, 1990.
THEREFORE, in accordance with the Rent and Eviction Regulations and
Operational Bulletin 84-1, it is
ORDERED, that this 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
Deputy Commissioner
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