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.:
EB120351RO
Fazlur R. Khan, RENT ADMINISTRATOR'S
DOCKET NO.:
CK120131S
PETITIONER PREMISES: Apt.1A
35-54 95th St.
Jackson Heights, 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 19, 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 November 1, 1988 by filing
a complaint asserting that the owner failed to maintain certain
services in the subject apartment.
In answer, the owner denied the allegations in the complaint and
otherwise asserted that the conditions were corrected and services
were being provided.
Thereafter, a physical inspection of the subject apartment was
conducted on December 13, 1989 by a DHCR staff member who confirmed
the existence of defective conditions.
By an order dated January 19, 1990, the Administrator directed the
restoration of services and ordered the reduction of the maximum
legal rent as follows:
1. Parts of the kitchen walls were rough and uneven as
plaster was not sanded before painting. 5%
2. The master bedroom had cracked and
discolored walls. 5%
EB120351RO
3. The second bedroom was painted in an unworkmanlike
manner. 5%
4. The apartment entrance door was missing a peephole
cover; the hinge screws were loose; parts of the door
next to the lock were missing; and the door did not
close properly. $5.00
5. There was mice and roach infestation
in the kitchen. $4.00
In the petition for administrative review, the owner contends in
substance that repairs were completed, and submits a contractor's
work invoice dated December 28, 1989 with the tenant's signature at
the bottom of this invoice.
In answer, the tenant stated that the bedrooms were not painted
properly and the bedroom walls were discolored and had water marks.
In reply, the owner denied that water marks in the bedroom walls
were one of the defective conditions enumerated in the order
appealed from.
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 December 13, 1989
inspection which confirmed the existence of defective conditions,
warranting a rent reduction. The work invoice with the tenant's
signature was not established in the proceeding below and is
disputed by the tenant. As set forth above in #2 and #3 of the
Administrator's order, cracked and discolored walls in the bedroom
are evidence of leaks and water stains; and the owner's contention
to the contrary is without merit.
Accordingly, the order appealed from was in all respects proper and
is hereby sustained.
The owner may file a rent restoration application if the facts so
warrant.
EB120351RO
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 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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