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.:
EB110343RO
Tom Gjokaj d/b/a RENT ADMINISTRATOR'S
Woodhaven Blvd. Assoc., DOCKET NO.:
DD110002B
PREMISES: Apt.4C-B
and Various Rent-Controlled
Apartments
91-47 88th Rd.
Woodhaven, 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 January 10, 1990 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 on March 31, 1989 by filing a
complaint asserting that the owner failed to maintain various
services in the subject apartment.
In answer, the owner denied the allegations in the complaint and
otherwise asserted that the complaint would be investigated and
repairs performed if necessary.
Thereafter, a physical inspection of the subject apartment was
conducted on November 20, 1989 by a DHCR staff member who confirmed
that the roof door was missing a door knob and latching device; and
the roof door should be made to be automatically self-closing.
By an order dated January 10, 1990, the Administrator directed the
restoration of services and ordered the reduction of the maximum
legal rent of rent-controlled tenants by $3.00. The Administrator
EB110343RO
also ordered the legal regulated rent of the rent-stabilized tenant
who initiated the complaint reduced by the percentage of the most
recent guidelines adjustment for the lease which commenced before
the effective date of this rent reduction.
In the petition for administrative review, the owner contends that
he installed the door knob and latching device in the roof door;
that the door was made self-closing and repaired. No errors of law
or fact are alleged.
DHCR mailed a copy of the petition to the tenant.
After careful consideration, the Commissioner is of the opinion
that the petition should be denied.
The petition does not establish any basis to revoke or modify the
Administrator's determination based on the November 20, 1989
inspection which confirmed the existence of defective conditions,
warranting a rent reduction.
The owner alleges that the defective conditions have been
corrected. If the conditions were corrected prior to the issuance
of the order under review, the owner offered no evidence to
substantiate the allegation before the Administrator. If the
conditions were corrected after the issuance date, the
determination was correct.
The owner may file a rent restoration application if the facts so
warrant.
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 Stabilization Code
and 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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