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.: EA410309RO
KENNETH G. FRIEDMAN,
RENT ADMINISTRATOR'S
DOCKET NO.: CJ410364S
PETITIONER
SUBJECT PREMISES:
108 West 15 St.
Apt. 4B
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 October 27, 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 11, 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 the tenant allowed
excessive water to rot the bathtub, the vanity and the kitchen sink;
and that the plumbing fixtures were "damaged as a result of
negligence by the tenant" according to the attached copy of a letter
from a plumber who allegedly investigated the plumbing fixtures in
question.
An on-site inspection of the apartment was conducted on October 11,
1989 by a DHCR inspector who confirmed that the base of the bathroom
vanity was rotted; and there was vermin infestation in the kitchen
and the bathroom.
By an order dated October 27, 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 bathroom vanity was newly installed and only the tenant's
negligent use of excessive water could cause the vanity base to rot;
that the tenant did not avail herself of monthly exterminating
services. The owner also alleged, without any substantiation, that
he received the inspection report and was allowed no opportunity to
EA410309RO
correct the conditions.
DHCR mailed a copy of the petition to the tenant.
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 determination, nor does the record
support the owner's contention that the tenant's negligence caused
the defects. The owner was not maintaining required services based
on the results of the October 11, 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
(GE410221OR) was granted on August 27, 1993.
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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