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.:DK410098RO
Infinity Corp./ RENT ADMINISTRATOR'S
Mark Greenberg Real Estate Co., DOCKET NO.:DC410385S
SUBJECT PREMISES:
140 Seventh Avenue
Apt. 2H
New York, 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 October 13, 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 March 15, 1989 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
On March 31, 1989, DHCR mailed a Notice and Transmittal of the
Complaint to the owner. The record does not indicate that the owner
responded.
A physical inspection of the subject apartment was conducted on
September 26, 1989 by a DHCR staff member who confirmed the
existence of defective conditions.
By an order dated October 13, 1989, the Administrator directed the
restoration of services and ordered a rent reduction.
In this petition, the owner contends in substance that all work was
done; and that it received no notice of the inspection report.
In answer, the tenant stated that work was done in an unworkmanlike
manner.
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,
DK410098RO
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
September 26, 1989 inspection which confirmed the existence of
defective conditions, warranting a rent reduction.
The Commissioner notes that the owner failed to respond to the
Notice and Transmittal of the Complaint in the proceeding below and
in this petition offers no explanation for not addressing the
complaint. Thus, the allegations in the petition of completed
repairs and no notice of the inspection report are beyond the scope
of administrative review, which is limited to the issues and
evidence before the Administrator.
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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