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.:
EA610213RO
BARKER AVENUE COMPANY, RENT ADMINISTRATOR'S
DOCKET NO.:
DI610447S
PREMISES: Apt.4E
2275 Barker Ave.
Bronx, NY
PETITIONER
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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 December 13, 1989 concerning the
housing accommodations relating to the above-described docket
number.
The Commissioner has reviewed all of the evidence in the record and
has carefully considered that portion of the record relevant to the
issues raised in this petition.
The tenant commenced the proceeding below on September 21, 1989 by
filing a complaint asserting that the owner had failed to maintain
various services in the subject apartment.
In answer, the owner alleged that it was locating a new stove top
for the tenant; and that pointing, plastering and painting would be
done.
Thereafter, a physical inspection of the subject apartment was
conducted on November 17, 1989 by a DHCR staff member who confirmed
that there was a hole in the top of the stove, the north window of
the den had water damages around the frame and there was evidence
of an exterior water leak in the den.
By an order dated December 13, 1989, the Administrator directed the
restoration of services and ordered a reduction of the stabilized
rent.
EA610213RO
In the petition for administrative review, the owner contends that
the pointing work and the stove replacement were completed after
the order was issued; and the plastering and painting are being
scheduled.
A copy of the petition was mailed to the tenant on April 30, 1990.
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 the tenant's application
where it is found that the owner failed to maintain required
services.
The petition offered no reason to revoke or modify the
Administrator's determination based on the November 17, 1989
inspection which found that the owner failed to maintain required
services, warranting a rent reduction.
Accordingly, the order appealed from was in all respects proper and
is hereby sustained.
The owner may apply for rent restoration if the facts so warrant.
The automatic stay of the rent reduction as a result of the filing
of the 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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