DI120182RO
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.: DI120182RO
Queens Park Realty Corp.,
RENT ADMINISTRATOR'S
DOCKET NO.: CH120071S
SUBJECT PREMISES:
98-15 65th Road
Apt. 1C
Rego Park, New York
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 September 18, 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 August 2, 1988 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment, specifically that there are
bursts of scalding hot water in the shower.
In answer, the owner asserted in substance that repairs were done.
On September 11, 1989, an inspection of the subject apartment was
conducted by a DHCR staff member who confirmed the existence of
defective conditions.
By an order dated September 18, 1989, the Administrator directed
the restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that the tenant
did not request a rent reduction, that the tenant's original
DI120182RO
complaint did not specifically refer to the deficiency which was
the basis for the rent reduction and that the specified conditions
did not constitute a decrease in services.
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.
A careful review of the record reveals that the tenant did, in
fact, fail to request a rent reduction in his original complaint.
However, rent controlled tenants do not have to request a rent
reduction on their complaint in order to be entitled to one.
Furthermore, the record establishes that the tenant originally
complained about bursts of scalding hot water in the shower. The
inspector's finding concerning bursts of hot water in the shower
when the toilet is flushed is within the ambit of the tenant's
original complaint. Accordingly, the Commissioner finds the
owner's allegation in the petition to be without merit.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
the Administrator may impose a rent reduction when it is found that
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 September 11, 1989 inspection which
confirmed the existence of defective conditions, warranting a rent
reduction.
Division records indicate that the owner has filed an application
to restore the rent which was granted on April 26, 1990, under
Docket No. DJ120040OR.
THEREFORE, in accordance with the Rent Control Law and 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:
LULA M. ANDERSON
Deputy Commissioner
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