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.: EA510146RO
EL-KAM REALTY CO.
c/o Jacobs and Zinns RENT ADMINISTRATOR'S
DOCKET NO.: CK510122S
PETITIONER
SUBJECT PREMISES:
640 Tenth Avenue
Apt. 3N
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 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 November 5, 1988 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
On November 22, 1988, the owner was served with a copy of the
complaint.
Thereafter, an on-site inspection of the apartment was conducted on
November 15, 1989 by a DHCR inspector who confirmed the existence of
defective conditions.
By an order dated November 27, 1989, the Administrator determined
that the bathroom door was defective; the kitchen ceiling was water-
stained and peeling paint and plaster; the kitchen faucet was
defective and had no cold water; and there was no shower head in the
bathroom. The Administrator directed the restoration of services and
ordered a reduction of the stabilized rent.
In its petition for administrative review, the owner contends in
substance that the conditions were mere deficiencies, not warranting
a rent reduction; and that the owner was "in the process of making
various repairs".
On March 5, 1990, DHCR mailed to the tenant a copy of the petition.
EA510146RO
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 order which determined that the owner
was not maintaining required services based on the results of the
November 15, 1989 on-site inspection which confirmed that the
bathroom door was defective; the kitchen ceiling was water-stained
and peeling paint and plaster; the kitchen faucet was defective and
had no cold water; and there was no shower head in the bathroom.
The Commissioner finds these defective conditions warrant a rent
reduction.
Furthermore, the contentions in the petition are beyond the scope of
administrative review, which is limited to the issues and evidence
before the Administrator.
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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