DJ410097RO
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.: DJ410097RO
Abe Haruvi,
RENT ADMINISTRATOR'S
DOCKET NO.: CH410367S
SUBJECT PREMISES:
22 West 75th Street
Apartment 4A
New York, N.Y.
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 14, 1989 concerning the
housing accommodation 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 15, 1988 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In an answer filed on September 7, 1988, the owner asserted that
the necessary repairs had been made.
On August 22, 1989, a physical inspection of the subject apartment
was conducted by a DHCR staff member who confirmed the existence of
defective conditions.
By an order dated September 14, 1989, the Administrator directed
the restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that some repairs
were made, but that the tenant denied access as to certain other
DJ410097RO
repairs.
DHCR mailed a copy of the petition to the tenant. The tenant
responded, stating that the owner made no attempts to make the
specified repairs.
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
authorized 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 to
modify or revoke the Administrator's determination based on the
August 22, 1989 inspection which confirmed the existence of
defective conditions, warranting a rent reduction. The issue of
denied access was raised for the first time in this petition and so
is beyond the scope of review, which is limited to the issues and
evidence that had been before the Administrator.
The owner is advised to file a rent restoration application if the
facts so warrant.
The automatic stay of the retroactive rent abatement that resulted
by the filing of this petition is vacated upon issuance of this
Order and Opinion.
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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