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.: EA210274RO
(Refile of DL210099RO)
MARVIN KIRZNER,
RENT ADMINISTRATOR'S
DOCKET NO.: CI210379S
PETITIONER
SUBJECT PREMISES:
557 East 21 St.
Apt. 1A
Brooklyn, 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 November 22, 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 September 13, 1988 by
filing a complaint asserting that the owner had failed to maintain
certain services in the subject apartment.
In answer, the owner asserted in substance that repairs were being
undertaken. The owner failed to substantiate this assertion.
An on-site inspection of the apartment was conducted on November 3,
1989 by a DHCR inspector who confirmed that the bathroom wall was
peeling paint and plaster; the sink needed to be replaced; there was
a large area of missing enamel near the sink drain; and there was no
connection for the dishwasher to drain off the water to the sink
drain pipe.
By an order dated November 22, 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
repairs were completed, and submits copies of work invoices.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
EA210274RO
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 determination that the owner was not
maintaining required services based on the results of the November
3, 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's rent restoration application
(FF210099OR) was denied on February 5, 1992.
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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