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.:DH130218RO
Jamaica Associates c/o RENT ADMINISTRATOR'S
Horing and Welikson, DOCKET NO.:CJ130015B
SUBJECT PREMISES:
91-59 191st Street
Various Apts.
Hollis, 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 June 27, 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.
Various tenants commenced this proceeding on October 7, 1988 by
filing a complaint asserting that the owner had failed to maintain
certain services in the subject building.
In answer, the owner denied the some of the allegations and
otherwise asserted that services are being provided and maintained.
Thereafter, on April 3, 1989, a building-wide inspection was
conducted by a DHCR staff member who confirmed that the bathroom and
kitchen hot water temperature (78@ Fahrenheit) was inadequate; and
the building entrance door lock was broken.
By an order dated June 27, 1989, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that all building
services are being properly maintained; that the inspection was
conducted without due process; and that it is reserving its right to
supplement the petition.
In answer, various tenants denied the allegations in the petition
and otherwise asserted the continued existence of defective
conditions.
It is noted that as of the writing of this Order and Opinion, the
owner has not supplemented the petition.
DH130218RO
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 or
tenants, where it is found that an owner has failed to maintain
services.
The Commissioner notes that the owner has neither supplemented this
petition despite more than ample opportunity to do so, nor explained
its bare allegation that the inspection was conducted without due
process.
Accordingly, the owner's petition does not establish any basis to
modify or revoke the Administrator's determination based on the
April 3, 1989 inspection which confirmed the existence of defective
conditions, warranting a rent reduction.
The owner is advised to file a rent restoration application if the
facts so warrant.
THEREFORE, in accordance with the Rent Stabilization Law and Code
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:
LULA M. ANDERSON
Deputy Commissioner
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