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.: EA510335RO
ALEF REALTY,
RENT ADMINISTRATOR'S
DOCKET NO.: CL510546S
PETITIONER
SUBJECT PREMISES:
585 Isham St.
Apt. 4D
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 9, 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 December 30, 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 this complaint is
its first notice of request for repairs from the tenant.
Thereafter, an on-site inspection of the apartment was conducted on
December 11, 1989 by a DHCR inspector who confirmed the existence of
defective conditions.
By an order dated January 9, 1990, 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
repairs were performed on January 16, 1990.
DHCR mailed on April 16, 1990 a copy of the petition.
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
EA510335RO
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
December 11, 1989 on-site inspection which confirmed the existence
of defective conditions, warranting a rent reduction.
The owner makes a bare allegation that repairs were made subsequent
to the issuance of the order. 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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