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.: EA110358RO
(Refile of DK110234RO)
JOANN HURLEY,
RENT ADMINISTRATOR'S
DOCKET NO.: CJ110457S
PETITIONER
SUBJECT PREMISES:
255-41 74 Ave.
Apt. 1
Glen Oaks, NY
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ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner refiled and perfected a timely petition for
administrative review of an order issued on October 24, 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 October 7, 1988 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In answer, the owner asserted that in the past (as indicated by an
attached copy of an October 1, 1988 letter) the tenant had repairs
done and deducted the cost from the monthly rent; otherwise, the
owner would willingly perform the repairs; and the tenant had not
informed the owner of her alternatives.
An on-site inspection of the apartment was conducted on October 13,
1989 by a DHCR inspector who confirmed that there was peeling paint
and plaster in the bathroom ceiling, and that the kitchen ceiling
required painting and repairs.
By an order dated October 24, 1989, the Administrator directed the
restoration of services and ordered a reduction of the stabilized
rent.
In the petition for administrative review, the owner contends that
the order was her first notice of the conditions and she sent the
tenant a letter advising her to have repairs made and deduct the
costs from the rent. Attached to the petition is the same copy of an
October 1, 1988 letter submitted in the proceeding below, indicating
EA110358RO
other repairs were performed by the tenant and rent was reduced
accordingly.
In answer, the tenant asserted that the order was correct because
the owner received the original complaint and and had ample time to
correct the conditions before the order was issued.
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 for modifying or
revoking the Administrator's order which determined that the owner
was not maintaining required services based on the results of the
October 13, 1989 on-site inspection which confirmed the existence of
defective conditions, warranting a rent reduction. The determination
was in all respects proper and is hereby sustained.
The Commissioner notes that the owner was put on notice of the
conditions in the original tenant's complaint, and the allegation
that the tenant did her own repairs in the past fails to disturb the
Administrator's determination based on the inspection. Furthermore,
the owner cannot pass his obligations to make repairs to the tenant.
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,
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:
JOSEPH A. D'AGOSTA
Deputy Commissioner
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