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.: EA520333RO
MOISHE BODNER,
RENT ADMINISTRATOR'S
DOCKET NO.: CL520565S
PETITIONER
SUBJECT PREMISES:
234 West 147 St.
Apt. G
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 16, 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 12, 1988 by filing
a complaint asserting that the owner had failed to maintain certain
services in the subject apartment.
In answer, the owner asserted that "all repairs had been made as
required."
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 16, 1990, the Administrator directed the
restoration of services and ordered a reduction of the maximum legal
rent as follows:
Six (6) loose window panes at $2.00 each = $12.00
Leaking kitchen cold water faucet = $ 2.00
Collapsing shower wall, thus
exposing plumbing pipes (hazardous) = $ 6.00
TOTAL = $20.00
In the petition for administrative review, the owner contends that
all items in the order had been corrected.
In answer, the tenant asserted that the conditions still remain.
EA520333RO
After careful consideration, the Commissioner is of the opinion that
the petition should be denied.
Pursuant to Section 2202.16 of the Rent and Eviction Regulations,
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 December
20, 1989 on-site inspection which confirmed the existence of
defective conditions, warranting a rent reduction.
The allegation that the conditions were repaired was never
substantiated and is therefore without merit.
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 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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