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.: EA210209R0
Sicherman Mgmt., RENT ADMINISTRATOR'S
DOCKET NO.: CH210289S
PETITIONER PREMISES:
Apt. 16
85 Crooke Ave.
Brooklyn, NY
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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 December 12, 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 9, 1988 by the tenant filing
a complaint asserting that the owner had failed to maintain various
services including, but not limited to, the falling plaster around
the apartment entrance door done in an unworkmanlike manner.
In answer, the owner asserted in relevant part that "the apartment
entrance door was properly plastered".
On October 21, 1989, a physical inspection of the apartment was
conducted by a DHCR staff member who confirmed that the plaster
around the apartment door had large cracks, missing plaster and
peeling paint.
By an order dated December 12, 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
it was never notified of the need for door repair.
EA210209RO
In answer, the tenant denied the owner's allegation in the petition.
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 record clearly shows that the owner knew
about the condition from the complaint. 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 an October 21, 1989 on-site inspection confirming
the existence of the defective condition which warrant a rent
reduction. Accordingly, the determination was in all respects and is
hereby sustained.
The automatic stay of the retroactive rent reduction 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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