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.: EA420322RO
General Leasing RENT ADMINISTRATOR'S
and Management Co., DOCKET NO.: DH420825S
,
PETITIONER PREMISES: 50 Allen St.
Apt.0-3
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 November 2, 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 August 10, 1989 by filing a
complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In answer, the owner asserted that the tenant was rented an
apartment because he alleged being an independent plumber who would
fix the apartment at his own expense; that after a few months, he
stopped paying rent; and a dispossess proceeding is now commenced
for nonpayment of rent.
Thereafter, an on-site inspection of the subject apartment was
conducted on October 19, 1989 by a DHCR staff member who confirmed
the existence of defective conditions.
By an order dated November 2, 1989, the Administrator directed the
restoration of services and ordered a rent reduction.
In the petition for administrative review, the owner contends in
substance that the tenant damaged and abandoned the apartment, and
was legally dispossessed.
EA420322RO
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 an
October 19, 1989 physical inspection, confirming the existence of
defective conditions for which a rent reduction is warranted.
The assertion that the tenant damaged and abandoned the apartment,
and was legally dispossessed was unsubstantiated and without merit.
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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