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.: EA410329RO
(Refile of DK410188RO)
Vickers Management Corp.,
RENT ADMINISTRATOR'S
DOCKET NO.: CI410374S
PETITIONER
SUBJECT PREMISES:
712 W. 175. St.
Apt. 2E
NY, 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 October 30, 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 22, 1988 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
On October 5, 1988, DHCR duly served the owner with a copy of the
complaint.
Thereafter, an on-site inspection of the apartment was conducted on
October 17, 1989 by a DHCR inspector who confirmed the existence of
defective conditions.
By an order dated October 30, 1989, the Administrator directed the
restoration of services and ordered a reduction of the stabilized
rent.
In its petition for administrative review, the owner contends that
it was never made aware of the tenant's complaint and that it is now
repairing the conditions.
In answer, the tenant asserted that the only repair done by the
owner so far was the bathroom light and numerous conditions still
remain. The tenant also stated he informed the owner of these
conditions prior to filing the complaint.
EA410329RO
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
The record clearly shows that on October 5, 1988, DHCR duly served
the owner with a copy of the complaint. In addition, the tenant
stated he informed the owner of these conditions prior to filing the
complaint. The Commissioner finds that any allegation by the owner
to the contrary is unsubstantiated and without merit.
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 October
17, 1989 on-site inspection which confirmed the existence of
defective conditions, warranting a rent reduction. Accordingly, the
determination was in all respects proper and is hereby sustained.
The owner may file a rent restoration application if the facts so
warrant.
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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