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.: EA510123RO
SIMILIS MGMT. CORP.,
RENT ADMINISTRATOR'S
DOCKET NO.: DK520398S
PETITIONER
SUBJECT PREMISES:
41 Bennett Avenue
Apt. 65
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 January 10, 1990 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 November 22, 1989 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In its answer, the owner asserted, without submitting any conclusive
evidence, that repairs were performed and would be completed.
Thereafter, an on-site inspection of the apartment was conducted on
December 20, 1989 by a DHCR inspector who confirmed the existence of
defective conditions.
By an order dated January 10, 1990, the Administrator directed the
restoration of services and ordered a reduction of the maximum legal
rent.
In its petition for administrative review, the owner contends in
substance that some repairs were made but the tenant refused to have
the repairs completed.
In answer, the tenant states in substance that he allowed the owner
access, but the owner merely looked over the conditions and repaired
nothing satisfactorily.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
EA510123RO
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
the Rent Administrator may impose a rent reduction when there has
been a decrease in essential services, furnishings or equipment,
among other things.
The owner's petition does not establish any basis for modifying or
revoking the Administrator's order which determined that the owner
failed to comply with the above-cited section of the Rent and
Eviction Regulations, based on the results of the December 20, 1989
on-site inspection which confirmed the existence of defective
conditions, warranting a rent reduction.
The allegations and submissions in the petition are beyond the scope
of review, which is limited to the issues and evidence before the
Administrator.
The Commissioner notes the status of the following rent restoration
applications: EB520059OR granted on October 16, 1990; FE520134OR
granted in part on December 10, 1991; and GC520126OR granted in part
on December 31, 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 and Eviction Regulations, 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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