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.: EA410136RO
Ronald Demilt, RENT ADMINISTRATOR'S
DOCKET NO.: CK410621S
PETITIONER PREMISES: 150 West 84th St.
Apt. 2B
NY, 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.
The tenant commenced this proceeding on November 25, 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 this was the first time he was
informed of the conditions; his workmen would investigate and repair
where necessary.
Thereafter, an inspection of the subject apartment was conducted on
November 22, 1989 by a DHCR staff member who confirmed that there
was a very large hole directly behind the toilet tank; the toilet
tank was not secured to the wall as the wall was missing; the
toilet bowl was loose and not secured to the floor properly; the
porcelain on the inside of the tub was worn; and the bathtub metal
stopper was missing.
By an order dated December 12, 1989, the Administrator directed the
restoration of services and ordered a rent reduction.
In the petition for administrative review, the owner contends that
he was never informed of these defective conditions and was never
EA410136RO
afforded an opportunity to make repairs.
In answer, the tenant asserted in substance that the owner was aware
of the defective conditions in the bathroom and throughout the
apartment.
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 was not maintaining required services based on a
physical inspection, confirming the existence of defective
conditions for which a rent reduction is warranted.
The assertion that the owner was not notified of the conditions is
belied by the record. The owner answered the complaint, stating that
his workmen would investigate and repair where necessary; but the
November 22, 1989 physical inspection showed that the owner failed
to do so.
The owner's rent restoration application (EE410265OR) was denied on
February 28, 1991.
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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