Docket No. DJ 710385-RO
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
------------------------------------X
IN THE MATTER OF THE ADMINISTRATIVE ADMINISTRATIVE REVIEW
APPEAL OF DOCKET NO.:DJ 710385-RO
DISTRICT RENT
ADMINISTRATOR'S DOCKET
NO.: DE 710002-OR
Premises: 600 Shore Road,
Apt. 6K, Long
Beach, NY
Marilyn Topper for Jacob Teitelbaum
PETITIONER
------------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The Administrator issued an order, under Docket Number NLB
865464-B finding various reductions in service at the premises
described above. These reductions in service included the door
bell not being loud enough and the air conditioners in the living
room and bedroom not supplying enough cold air. As a result of
these findings, the Administrator ordered a reduction in the rent
and a restoration of services.
The owner then filed an application to restore rent. Said
application assigned the above-captioned Docket Number. In its
application, the owner contended that the reductions in service had
been restored.
The tenant responded to the owner's application, alleging that
the air conditioners and the door bell still malfunctioned.
A DHCR inspection was conducted of the subject premises. The
inspector found that the doorbell was loud enough to be heard and
that the living room air conditioner was sufficiently cool, but
that the bedroom air conditioner was not functioning properly.
On the basis of the inspector's report, the Administrator
denied the owner's request for a rent restoration.
In its petition for administrative review, the owner contends,
that all repairs were made. The owner further contends that it had
Docket No. DJ 710385-RO
requested notification of the DHCR inspection.
The Commissioner is of the opinion that this petition should be
denied.
The Administrator notes that some of the reductions in service
cited in NLB 865464-B have been restored by the owner. However,
according to DHCR policy and procedure for stabilized apartments,
a restoration of rent is not warranted until all such services are
restored. Moreover, in general owner does not have to be notified
of an DHCR inspection (Empress Manor V DHCR, 538 N.Y.S. 2nd 49).
This order is issued without prejudice to the owner's filing an
Application for Rent Restoration, if the facts so warrant.
THEREFORE, in accordance with the provisions of the Tenant
Protection Regulations, it is
ORDERED, that this petition for administrative review be, and
the same hereby is, denied, and, that the order of the Rent
Administrator be and the same hereby is, affirmed.
ISSUED:
Joseph A. D'Agosta
Acting Deputy Commissioner
|
