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.: EA210013R0
James L. Campbell, RENT ADMINISTRATOR'S
DOCKET NO.: DH210070S
PETITIONER PREMISES:
Apt. 5
167 Washington Park
Brooklyn, NY
-----------------------------------X
ORDER AND OPINION DENYING PETITION FOR ADMINISTRATIVE REVIEW
The above-named owner filed a timely petition for administrative
review of an order issued on December 6, 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 this administrative appeal.
This proceeding was commenced on August 1, 1989 by the tenant filing
a complaint asserting that the owner had failed to maintain various
services in the subject apartment.
In answer, the owner asserted that the conditions were repaired.
On November 20, 1989, a physical inspection of the apartment was
conducted by a DHCR staff member who confirmed the existence of
defective conditions.
By an order dated December 6, 1989, the Administrator determined
that the trap door being built for the closet ceiling was
incomplete; the trap door was missing; and there were exposed pipes
and wires in the closet ceiling. The Administrator directed the
restoration of services and ordered a reduction of the stabilized
rent.
In the petition for administrative review, the owner contends in
substance that installing the trap door, which exposed the ceiling
pipes and wires, was delayed by the tenant.
EA210013RO
In answer, the tenant denied the allegations in the petition and
otherwise asserted that the continuous leaking, subsequent damage
and the use of half a closet are ongoing problems.
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.
In the instant case, the petition does not establish any basis for
modifying or revoking the Administrator's order which determined
that the owner failed to maintain required services, based on a
November 20, 1989 on-site inspection confirming the existence of
defective conditions. The allegation that the tenant caused the
delay in repairs is unsubstantiated and beyond the scope of
administrative review. Accordingly, the determination was in all
respects and is hereby sustained.
The Commissioner notes that the owner's rent restoration application
(EB210051OR) was granted on December 11, 1990.
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
|
